GCF ©PROFESSIONAL / SUPPORT
STAFF HIRING
GCF ©It shall be the policy of the School to employ and retain the best qualified personnel. This will be accomplished by considering qualifications and by providing competitive salary schedules within the financial capability of the School, adequate facilities, and good working conditions.
Before employing a certificated or noncertificated person, school districts and charter schools shall conduct a search of the prospective employee on the educator information system that is maintained by the Department of Education.
A school district or charter school may not employ either of the following in a position that requires a valid fingerprint clearance card:
A. A certificated person whose certificate has been suspended, surrendered or revoked, unless the State Board of Education has subsequently reinstated the person's certificate.
B. A noncertificated person who has been prohibited from employment at a school district or charter school by the State Board of Education pursuant A.R.S. 15-505.
Each school district and charter school shall annually submit to the Department of Education a list of certificated and noncertificated persons who are employed at the school district or charter school. The department shall issue guidance to school districts and charter schools regarding this requirement.
The Governing Body has the legal responsibility of approving the employment of all employees. While this responsibility cannot be waived, the Governing Body assigns to the Executive Director the process of recruiting staff members. In carrying out this responsibility, the Executive Director may involve other staff members as needed. All personnel selected for employment must be recommended by the Executive Director and approved by the Governing Body. The Governing Body adopts the following general criteria, which shall be utilized in the selection process for initial employment:
A. There will be no discrimination in the hiring process due to race, color, religion, sex, age, national origin, or disability of an otherwise qualified individual.
B. Candidates for all teaching positions shall be able to deliver quality instruction.
C. Each candidate shall be requested to complete a consent-and-release form regarding conduct of a background investigation.
D. A "background investigation" - consisting of communication with the applicant's (or employee's) former employer that concerns education, training, experience, qualifications, and job performance for the purpose of evaluation for employment - shall be conducted on each individual to be considered for a recommendation of employment. Forms developed for this purpose are to be used.
Information obtained about an employee or applicant for employment by any charter school or other public school in the performance of a background investigation, including any records indicating that a current or former employee of a school was disciplined for violating policies of the school governing body pursuant to A.R.S. 15-153, may be retained by that school and may be provided to any charter school or other public school that is performing a background investigation.
Any employee's misstatement of fact that is material to qualifications for employment or the determination of salary shall be considered by the Governing Body to constitute grounds for dismissal.
A school may hire and place a noncertificated employee into service before receiving the results of the mandatory fingerprint check or a fingerprint clearance card has been issued or denied. However, until fingerprint clearance has been received, an applicant who is required or allowed to have unsupervised contact with pupils cannot be hired and placed into service until:
A. The School documents in the applicant's file the necessity for hiring and placing the applicant into service before a fingerprint check can be completed.
B. The School obtains from the Department of Public Safety a statewide criminal history information check on the applicant. Subsequent criminal history checks are also required every one hundred twenty (120) days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.
C. The School obtains references from the applicant's current employer and two (2) most recent previous employers, except that for applicants who have been employed for at least five (5) years by the most recent employer, only references from that employer are required.
D. The School provides general supervision of the applicant until the date the fingerprint check is completed or the fingerprint clearance card is issued or denied.
The School reports to the State Superintendent of Public Instruction on June 30 and December 31 the number of applicants hired prior to the completion of a fingerprint check or the issuance of a fingerprint clearance card and the number of applicants for whom fingerprint checks have not been received after one hundred twenty (120) days and after one hundred seventy-five (175) days of hire.
Upon recommendation for employment the School shall confirm employment authorization and employment eligibility verification by participating in the E-Verify program of the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA). The School will then complete the Form I-9 as required and maintain the form with copies of the necessary documents and documentation of the authorization and verification pending any inquiry.
Any person who permits unauthorized access to criminal history record information, releases criminal history record information, or procures the release or uses criminal history record information other than in accord with A.R.S. 41-1750 is guilty of a class 6 felony.
Adopted: March 21, 2022
LEGAL REF.:
A.R.S.
13-3716
15-153
15-502
15-503
15-505
15-512
15-536
15-538.01
15-539
15-550
23-211
23-212
23-1361
38-201
38-231
38-232
38-766.01
41-1750
41-1756
CROSS REF.:
GCB - Professional/Support Staff Contracts and Compensation
GCFC - Professional/Support Staff Certification and Credentialing Requirements
(fingerprinting requirements)
GCO - Evaluation of Professional/Support Staff Members