GCF ©PROFESSIONAL STAFF HIRING
GCF ©It shall be the policy of the District 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 District, 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 to 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 Board has the legal responsibility of approving the employment of all employees. While this responsibility cannot be waived, the Board assigns to the District Administrator the process of recruiting staff members. In carrying out this responsibility, the District Administrator may involve other staff members as needed. All personnel selected for employment must be recommended by the District Administrator and approved by the Board. The Board 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 professional positions shall be qualified for and have the training necessary to perform the instructional duties or functions for which they have applied.
C. Each candidate shall provide evidence of meeting state requirements for certification.
D. Each candidate shall be requested to complete a consent-and-release form regarding conduct of a background investigation.
E. 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 the District in the performance of a background investigation, including any records indicating that a current or former employee of a school or school district was disciplined for violating policies of the School District Governing Board pursuant to A.R.S. 15-153, may be retained by that district and may be provided to any school district 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 Board to constitute grounds for dismissal.
Before employment, schools or school districts shall verify the certification and fingerprint status of applicants who apply for school or school district positions that require certification.
Should the need arise to employ a teacher who meets the requirements for a conditional certificate before an applicant has obtained the appropriate valid fingerprint clearance card, the District may assist in obtaining the conditional certificate, and employ the teacher, by meeting all of the following conditions:
A. The District verifies in writing on a form provided by the Arizona Department of Education (ADE) the necessity for hiring and placing the applicant into service before a fingerprinting check is completed.
B. The District obtains from the Department of Public Safety a state-wide criminal records check on the applicant. Subsequent criminal records checks must be completed every one hundred twenty (120) days until a permanent certificate is received.
C. The District searches the criminal records of all local jurisdictions outside Arizona where the applicant has lived in the previous five (5) years.
D. The District 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.
E. The District provides general supervision of the applicant until permanent certification is issued by ADE.
Upon recommendation for employment the District 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 District 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.
The Superintendent of Public Instruction may also impose any additional conditions or restrictions deemed necessary.
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.
A professional candidate's acceptance of a contract offer must be indicated within two (2) days from the date of the written contract or the offer is revoked. Written notice of the deadline date for acceptance shall be included in the contract offer or an attachment to the contract offer. The candidate accepts the contract by signing the contract and returning it to the Governing Board or by making a written instrument which accepts the terms of the contract and delivering it to the Governing Board. If the written instrument includes terms in addition to the terms of the contract offered by the Board, the candidate fails to accept the contract.
Adopted: October 19, 2021
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 Staff Contracts and Compensation
GCFC - Professional Staff Certification and Credentialing Requirements
(fingerprinting requirements)
GCO - Evaluation of Professional Staff Members