(Fingerprinting Requirements)
New Hires
All certificated personnel to be hired by the District shall be fingerprinted as a condition of employment, except for personnel who, as a condition of certification are required to have a valid fingerprint clearance card.
The candidate's fingerprints shall be submitted, along with the form presented as an exhibit to this policy, immediately upon being notified of possible employment. The form shall be considered a part of the application for employment.
An expired fingerprint clearance card may be used to satisfy the fingerprint requirements of section 15-183, 15-503, 15-512, 15-534, 15-782.02, 15-1330 or 15-1881 if the person signs an affidavit stating both of the following:
A. The person submitted a completed application to the Finger Printing Division of the Department of Public Safety for a new fingerprint clearance card within ninety (90) days before the expiration date on the person's current fingerprint clearance card.
B. The person is not awaiting trial on and has not been convicted of a criminal offense that would make the person ineligible for a fingerprint clearance card.
This does not apply to a fingerprint clearance card that has been denied, suspended or revoked or to a person who has requested a good cause exception hearing.
Candidates 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.
Adopted: November 04, 2024
LEGAL REF.:
A.R.S.
13-705
15-183
15-503
15-509
15-512
15-534
15-782.02
15-1330
15-1881
23-1361
41-1750
41-1758.07
CROSS REF.:
GCF - Professional Staff Hiring
GCG - Part-Time and Substitute Professional Staff Employment
IJOC - School Volunteers