R7-2-1301. Definitions
R7-2-1302. Statement of Allegations
R7-2-1303. Complaint
R7-2-1304. Notification; Investigation
R7-2-1305. Conviction of Criminal Offenses; Investigation
R7-2-1306. Reviewable Offenses
R7-2-1307. Criminal Offenses; Nonreviewable
R7-2-1308. Unprofessional and Immoral Conduct
In this Article, unless the context otherwise specifies:
1. 'Alleging party' means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or other agency who completes a statement alleging immoral or unprofessional conduct against a certificated individual.
2. 'Applicant' means a person who has submitted an application to the Department requesting an evaluation of the requirements set forth in R7-2-601 et seq., requesting issuance of a certificate pursuant to R7-2-601 et seq., or requesting renewal of a previously held certificate issued pursuant to R7-2-601 et seq.
3. 'Board' means the State Board of Education.
4. 'Certificated individual' means an individual who holds an Arizona certificate issued pursuant to R7-2-601 et seq.
5. 'Complaint' means the filing of a charge by the Board against a certificated individual alleging immoral or unprofessional conduct.
6. 'Hearing' means an adjudicative proceeding held pursuant to Title 41, Chapter 6 and R7-2-701 et seq.
7. 'PPAC' means the Professional Practices Advisory Committee established pursuant to R7-2-205.
Historical Note
Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).
A. Any person may file, with the Board, a statement of allegations against a certificated individual on forms provided by the Board.
B. A statement of allegations shall state the facts under which a party is alleging immoral or unprofessional conduct and shall be signed and notarized.
C. The facts in a statement of allegations shall clearly state the details of the alleged immoral or unprofessional conduct.
D. A statement of allegations shall contain the names, addresses and telephone numbers of individuals who can be contacted to provide information regarding the allegations contained in the statement. The list of individuals shall also include a brief summary of the substance and extent of each individual's knowledge regarding the allegations contained in the statement.
E. The alleging party may attach written or other evidence to a statement of allegations at the time that the statement is filed with the Board.
F. A statement of allegations filed by a school district shall be accompanied by a certified copy of a school board resolution authorizing the statement of allegations to be filed.
G. A statement of allegations may be returned to the alleging party if the statement is not complete or not legible.
H. The Board shall conduct an investigation of all statements of allegations filed pursuant to this Article.
Historical Note
Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).
A. Upon completion of an investigation resulting from a statement of allegations, the Board may file a complaint against a certificated individual.
B. The Board may, at its own discretion, investigate any matter and file a complaint against a certificated individual upon receiving any information, from any source, indicating immoral or unprofessional conduct has occurred.
C. A hearing shall be held on a complaint before the PPAC.
Historical Note
Adopted effective December 4, 1998 (Supp. 98-4). Section R7-2-1303 renumbered to R7-2-1304; new Section R7-2-1303 renumbered from R7-2-1304 and amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).
The certificated individual shall have 15 days from receipt of the complaint to file a response with the Board.
Historical Note
Adopted effective December 4, 1998 (Supp. 98-4). Section R7-2-1304 renumbered to R7-2-1303; new Section R7-2-1304 renumbered from R7-2-1303 and amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).
A. Applicants shall certify on forms that are provided by the Board whether they are awaiting trial on, or have ever been convicted of, or have admitted in open court or pursuant to a plea agreement committing any offense listed in A.R.S. § 15-534. Applicants for certification shall not be required to disclose information regarding misdemeanor offenses other than those listed in A.R.S. § 15-534.
B. Upon receipt of notification that an applicant or certificated individual has been convicted of or admitted in open court or pursuant to a plea agreement committing any criminal offense specified in A.R.S. § 15-534, the Board shall initiate an investigation.
C. Applicants and certificated individuals who are alleged to have been convicted of a criminal offense specified in A.R.S. § 15-534 shall provide the Board with copies of court records or reports pertaining to the conviction.
Historical Note
Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).
A. Reviewable offenses are those offenses listed in A.R.S. § 15-534 which are not included in R7-2-1307.
B. Upon completion of an investigation, the Board may file a complaint against a certificated individual or may issue or deny certification to an applicant.
Historical Note
Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).
A. The Board shall revoke, not issue, or not renew the certification of a person who has been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another jurisdiction:
1. Sexual abuse of a minor;
2. Incest;
3. First-degree murder;
4. Sexual assault;
5. Sexual exploitation of a minor;
6. Commercial sexual exploitation of a minor;
7. A dangerous crime against children as defined in A.R.S. § 13-604.01;
8. Armed robbery;
9. Sexual conduct with a minor;
10. Molestation of a child;
11. Exploitation of minors involving drug offenses.
B. Upon notification that a certificated individual has been convicted of a nonreviewable offense, the Board shall revoke the certificate.
Historical Note
Adopted effective December 4, 1998 (Supp. 98-4).
A. Individuals holding certificates issued by the Board pursuant to R7-2-601 et seq. and individuals applying for certificates issued by the Board pursuant to R7-2-601 et seq. shall:
1. Make reasonable efforts to protect pupils from conditions harmful to learning, health, or safety;
2. Account for all funds collected from pupils, parents, or school personnel;
3. Adhere to provisions of the Uniform System of Financial Records related to use of school property, resources, or equipment; and
4. Abide by copyright restrictions, security, or administration procedures for a test or assessment.
B. Individuals holding certificates issued by the Board pursuant to R7-2-601 et seq. and individuals applying for certificates issued by the Board pursuant to R7-2-601 et seq. shall not:
1. Discriminate against or harass any pupil or school employee on the basis of race, national origin, religion, sex, including sexual orientation, disability, color or age;
2. Deliberately suppress or distort information or facts relevant to a pupil's academic progress;
3. Misrepresent or falsify pupil, classroom, school, or district-level data from the administration of a test or assessment;
4. Engage in a pattern of conduct for the sole purpose or with the sole intent of embarrassing or disparaging a pupil;
5. Use professional position or relationships with pupils, parents, or colleagues for improper personal gain or advantage;
6. Falsify or misrepresent documents, records, or facts related to professional qualifications or educational history or character;
7. Assist in the professional certification or employment of a person the certificate holder knows to be unqualified to hold a position;
8. Accept gratuities or gifts that influence judgment in the exercise of professional duties;
9. Possess, consume, or be under the influence of alcohol on school premises or at school-sponsored activities;
10. Illegally possess, use, or be under the influence of marijuana, dangerous drugs, or narcotic drugs, as each is defined in A.R.S. § 13-3401;
11. Make any sexual advance towards a pupil or child, either verbal, written, or physical;
12. Engage in sexual activity, a romantic relationship, or dating of a pupil or child;
13. Submit fraudulent requests for reimbursement of expenses or for pay;
14. Use school equipment to access pornographic, obscene, or illegal materials; or
15. Engage in conduct which would discredit the teaching profession.
C. Individuals found to have engaged in unprofessional or immoral conduct shall be subject to, and may be disciplined by, the Board.
D. Procedures for making allegations, complaints, and investigation of unprofessional or immoral conduct shall be as set forth in this Article.
Historical Note
New Section made by final rulemaking at 9 A.A.R. 1544, effective June 28, 2003 (Supp. 03-2).