GDFA ©SUPPORT STAFF QUALIFICATIONS
AND REQUIREMENTS
GDFA ©(Fingerprinting Requirements)
All newly hired noncertificated District personnel - and personnel who are not paid employees of the District and who are not either the parents or the guardians of students who attend school in the District but who are required or allowed to provide services directly to students without the supervision of a certificated employee - shall be fingerprinted as a condition of employment, except for the following:
A. Personnel who are required as a condition of licensing to be fingerprinted if the license is required for employment.
B. Personnel who were previously employed by the District and who reestablished employment with the District within one (1) year after the date that the employee terminated employment with the District.
The School District may require noncertificated personnel and personnel who are not paid employees of the School District and who are not either the parent or the guardian of a pupil who attends school in the School District but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee to obtain a fingerprint clearance card as a condition of employment.
For the purposes of this policy, supervision means under the direction of and, except for brief periods of time during a school day or a school activity, within sight of a certificated employee when providing direct services to students.
If the School District does not require a fingerprint clearance card as a condition of employment, noncertificated personnel and personnel who are not paid employees of the School District and who are not either the parent or the guardian of a pupil who attends school in the School District but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee may apply for a fingerprint clearance card. A school district may release the results of a background check or communicate whether the person has been issued or denied a fingerprint clearance card to another school district for employment purposes.
The District may fingerprint or require any other employee of the District to obtain a fingerprint clearance card, whether paid or not, or any other applicant for employment with the School District not otherwise required by law. The District may not charge the costs of the fingerprint check or fingerprint clearance card to the fingerprinted applicant or nonpaid employee.
The candidate's fingerprints shall be submitted, along with the form prescribed in GDFA-E, within twenty (20) days after being selected. The form shall be considered a part of the application for employment. The District may terminate an employee if the information on the affidavit required by A.R.S. 15-512 is inconsistent with information received from the fingerprint check or the information received in connection with a fingerprint clearance card application.
School Bus Drivers – An applicant shall submit an Identity Verified Fingerprint Card as described in A.R.S. 15-106 that the Department of Public Safety shall use to process the fingerprint clearance card as outlined in A.R.S. 15-106. A person who is issued a school bus driver certificate shall maintain a valid Identity Verified Fingerprint Clearance Card for the duration of any school bus driver certification period.
The District will assume the cost of fingerprint checks or fingerprint clearance card applications but will assess the employee for charges incurred. Personnel who are not paid employees will not be charged for fingerprint costs.
Individuals shall certify on the prescribed notarized forms whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in Arizona or similar offenses in any other jurisdiction, including a charge or conviction that has been vacated, set aside or expunged:
A. Sexual abuse of a minor.
B. Incest.
C. First- or second-degree murder.
D. Kidnapping.
E. Arson.
F. Sexual assault.
G. Sexual exploitation of a minor.
H. Felony offenses involving contributing to the delinquency of a minor.
I. Commercial sexual exploitation of a minor.
J. Felony offenses involving sale, distribution, or transportation of, offer to sell, transport, or distribute, or conspiracy to sell, transport, or distribute marijuana or dangerous or narcotic drugs.
K. Felony offenses involving the possession or use of marijuana, dangerous drugs, or narcotic drugs.
L. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
M. Burglary in the first degree.
N. Burglary in the second or third degree.
O. Aggravated or armed robbery.
P. Robbery.
Q. A dangerous crime against children as defined in A.R.S. 13-705.
R. Child abuse.
S. Sexual conduct with a minor.
T. Molestation of a child.
U. Manslaughter.
V. Aggravated assault.
W. Assault.
X. Exploitation of minors involving drug offenses.
Y. Sexual abuse under A.R.S. 13-1404 or sexual assault under 13-1406 in which the victim was a minor.
Z. An act committed in another state or territory that if committed in this state would have been subject to disclosure under Q and Y above.
AA. Any crime that requires the person to register as a sex offender pursuant to A.R.S. 13-3821.
AB. A preparatory offense as prescribed in A.R.S. 13-1001 of any offense that is subject to disclosure under Q, S, Y, Z, or AA above.
A person who makes a false statement, representation, or certification in any application for employment with the School District is guilty of a class 3 misdemeanor.
The District may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses above or a similar offense in another jurisdiction. In conducting a review, the Governing Board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the State Board of Education pursuant to A.R.S. 15-534. In considering whether to hire or terminate the employment of a person, the Governing Board shall take into account the factors listed in A.R.S. 15-512.
When considering termination of an employee pursuant to A.R.S. 15-512, a hearing shall be held to determine whether a person already employed shall be terminated.
The Superintendent shall develop and implement procedures that include the following in the employment process:
A. Provide for fingerprinting of employees covered under this policy and A.R.S. 15-512.
B. Provide for fingerprint checks pursuant to A.R.S. 41-1750.
C. Provide for properly assessing employees for fingerprint checks and depositing said funds with the county treasurer.
Adopted: November 20, 2005
LEGAL REF.:
A.R.S.
13-705
15-106
15-509
15-512
15-534
23-1361
41-1750
CROSS REF.:
EEAEA - Bus Driver Requirements, Training, and Responsibilities
GDF - Support Staff Hiring
GDG - Part-Time and Substitute Support Staff Employment
JLIA - Supervision of Students