6-17-410. Teacher licensure — Application, renewal application, revocation, suspension, and probation — Definitions.

6-17-410. Teacher licensure — Application, renewal application, revocation, suspension, and probation — Definitions. (a)(1)(A)(i) An applicant for a license issued by the State Board of Education, an applicant for license renewal, and a preservice teacher shall apply to the Identification Bureau of the Division of Arkansas State Police for a statewide and nationwide criminal records check, to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation. (ii) The check shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417. (iii) The Identification Bureau may maintain these fingerprints in the automated fingerprint identification system. (iv) An institution of higher education is not required to bar a student from enrollment in an educator preparation program due to a disqualifying offense. (B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and shall be responsible for the payment of any fee associated with the criminal records check. (2) Upon completion of the criminal records check, the Identification Bureau shall forward all releasable information obtained concerning the applicant to the Division of Elementary and Secondary Education. (3)(A) An applicant for a license issued by the state board, an applicant for license renewal, and a preservice teacher are required to request through the Division of Elementary and Secondary Education a Child Maltreatment Central Registry check to be conducted by the Department of Human Services. (B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and is responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The department shall forward all releasable information concerning the applicant to the Division of Elementary and Secondary Education upon completion of the Child Maltreatment Central Registry check. (D) An institution of higher education is not required to bar a student from enrollment in an educator preparation program due to a true report in the Child Maltreatment Central Registry. (b)(1) The state board may issue a six-month nonrenewable letter of provisional eligibility for licensure pending the results of the criminal records check and the Child Maltreatment Central Registry check. However, the Commissioner of Elementary and Secondary Education may extend the period of provisional eligibility to the end of that contract year if: (A) The applicant is employed by a school district or open-enrollment public charter school; and (B) The results of the criminal records check or the Child Maltreatment Central Registry check are delayed. (2)(A) Upon receipt of information from the Identification Bureau that the person holding a letter of provisional eligibility for licensure has pleaded guilty or nolo contendere to or has been found guilty of any offense listed in subsection (c) of this section, the state board shall immediately revoke the provisional eligibility. (B) A sealed, expunged, or pardoned conviction shall not disqualify a person under this section if the conviction does not involve the physical or sexual injury, mistreatment, or abuse of another. (3) If the Division of Elementary and Secondary Education receives information from the department that the person holding a letter of provisional eligibility for teacher licensure has a true report in the Child Maltreatment Central Registry, the state board shall immediately revoke the provisional eligibility of the teacher licensure applicant. (c) The state board shall not issue a first-time license or renew an existing license and shall revoke an existing license not up for renewal of a person who has a true report in the Child Maltreatment Central Registry or who has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by a court in the State of Arkansas or of any similar offense by a court in another state or by a federal court: (1) Capital murder as prohibited in § 5-10-101; (2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103; (3) Manslaughter as prohibited in § 5-10-104; (4) Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202; (5) Aggravated assault as prohibited in § 5-13-204, and assault in the first degree as prohibited by § 5-13-205; (6) Terroristic threatening in the first degree as prohibited in § 5-13-301; (7) Kidnapping as prohibited in § 5-11-102; (8) Rape as prohibited in § 5-14-103; (9) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 — 5-14-127; (10) Incest as prohibited in § 5-26-202; (11) A violation of the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq., or the use of a child in a sexual performance as prohibited by §§ 5-27-402 and 5-27-403; (12) Distribution to minors as prohibited in § 5-64-406; (13) Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (14) Sexual indecency with a child as prohibited in § 5-14-110; (15) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205, or endangering the welfare of a minor in the second degree as prohibited by § 5-27-206; (16) False imprisonment in the first degree as prohibited in § 5-11-103; (17) Permanent detention or restraint as prohibited in § 5-11-106; (18) Permitting abuse of a child as prohibited in § 5-27-221(a); (19) Negligent homicide as prohibited by § 5-10-105(a); (20) Coercion as prohibited by § 5-13-208; (21) Public sexual indecency as prohibited by § 5-14-111; (22) Indecent exposure as prohibited by § 5-14-112; (23) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection; (24) Computer child pornography as prohibited in § 5-27-603; (25) Computer exploitation of a child in the first degree as prohibited in § 5-27-605; (26) Felony theft as prohibited in §§ 5-36-103 — 5-36-106 and 5-36-202; (27) Robbery as prohibited by §§ 5-12-102 and 5-12-103; (28) Breaking or entering as prohibited by § 5-39-202; (29) Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204; (30) Forgery as prohibited by § 5-37-201; (31) Video voyeurism as prohibited by § 5-16-101, and voyeurism as prohibited under § 5-16-102; (32) Domestic battering in the first degree as prohibited by § 5-26-303; (33) Domestic battering in the second degree as prohibited by § 5-26-304; (34) Felony violation of an order of protection as prohibited by § 5-53-134; (35) Prostitution as prohibited by § 5-70-102; (36) Sexual solicitation as prohibited by § 5-70-103; (37) Promoting prostitution in the first degree as prohibited by § 5-70-104; (38) Promoting prostitution in the second degree as prohibited by § 5-70-105; (39) Stalking as prohibited by § 5-71-229; (40) Failure to notify by a mandated reporter in the first degree as prohibited by § 12-18-201; (41) Any felony not listed in this subsection and involving physical or sexual injury, mistreatment, or abuse against another person; (42) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony; (43) Sexual extortion, § 5-14-113; (44) Failure to comply with the registration and reporting requirements of § 12-12-904; (45) Trafficking of a person as prohibited by § 5-18-103; (46) Patronizing a victim of human trafficking as prohibited by § 5-18-104; (47) Aggravated assault on a family member or household member as prohibited member as prohibited by § 5-26-306; and (48) Computer crimes against a minor as prohibited by § 5-27-601 et seq. (d)(1) For the purposes of this subsection: (A) “Cause” means any of the following: (i) Holding a license obtained by fraudulent means; (ii) Revocation of a license in another state; (iii) Intentionally compromising the validity or security of any student test or testing program administered by or required by the state board or the Division of Elementary and Secondary Education; (iv) Having the completed examination test score of any testing program required by the state board for teacher licensure declared invalid by the testing program company and so reported to the Division of Elementary and Secondary Education by the testing company; (v) Having a sealed, an expunged, or a pardoned conviction for any offense in subsection (c) of this section that involves the physical or sexual injury, mistreatment, or abuse of another person; (vi) Being subject to the provisions of § 12-12-905; (vii) Failing to establish or maintain the necessary requirements and standards set forth in Arkansas law or state board rules for teacher licensure; (viii) Knowingly submitting or providing false or misleading information or knowingly failing to submit or provide information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; (ix) Knowingly falsifying or directing another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; (x) Having a true report in the Child Maltreatment Central Registry; (xi) Violating any other provision of state law for which the penalty is the suspension or revocation of a teacher's license; or (xii) Undergoing an involuntary commitment for a physical or mental illness that endangers the health, safety, welfare, or education of a student, as determined by a licensed health professional, until the person provides documentation from a licensed health professional of treatment of the physical or mental illness and the person's current fitness; and (B) “Child” means a person under twenty-one (21) years of age or enrolled in the public schools of the State of Arkansas. (2) For cause as stated in this subsection, the state board is authorized to: (A) Revoke a license permanently; (B) Suspend a license for a terminable period of time or indefinitely; or (C) Place a person on probationary status for a terminable period of time with the license to be revoked or suspended if the probationary period is not successfully completed. (e)(1) Before taking an action under subsection (c) or subsection (d) of this section, the state board shall provide a written notice of the reason for the action and shall afford the person against whom the action is being considered the opportunity to request a hearing. (2) A written request for a hearing must be received by the state board no more than thirty (30) days after the notice of the denial, nonrenewal, or revocation of the license is received by the person who is the subject of the proposed action. (3) Upon written notice that a revocation, suspension, or probation is being sought by the state board for a cause set forth, a person may: (A) Decline to answer the notice, in which case the state board shall hold a hearing to establish by a preponderance of the evidence that cause for the proposed action exists; (B)(i) Contest the complaint and request a hearing in writing, in which case the person shall be given an evidentiary hearing before the state board if one is requested. (ii) If the person requesting the hearing fails to appear at the hearing, the hearing shall proceed in the manner described in subdivision (e)(3)(A) of this section; (C) Admit the allegations of fact and request a hearing before the state board in mitigation of any penalty that may be assessed; or (D) Stipulate or reach a negotiated agreement, which must be approved by the state board. (f)(1)(A) The revocation provisions of subsection (c) of this section may be waived, or a license may be suspended or placed on probation by the state board upon request by: (i) The board of directors of a school district or open-enrollment public charter school; (ii) An affected applicant for licensure; (iii) The person holding a license subject to revocation; or (iv) An unlicensed individual admitted to a teacher preparation program approved by the Division of Elementary and Secondary Education. (B) A waiver granted under subdivision (f)(1)(A) of this section shall operate as a waiver of the disqualification for employment for the same offense under § 6-17-411. (2) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the crime or incident was committed; (B) The circumstances surrounding the crime or incident; (C) The length of time since the crime or incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel. (3)(A) An unlicensed individual who is disqualified from licensure by subsection (c) of this section may apply for a waiver before applying for licensure by submitting to the Division of Elementary and Secondary Education: (i) Written request for a hearing; (ii) Proof of acceptance or enrollment in a teacher preparation program approved by the Division of Elementary and Secondary Education; and (iii) Written recommendation from the teacher preparation program. (B) If the state board approves a waiver after a hearing, the individual may obtain a license only upon: (i) Successful completion of the teacher preparation program; and (ii) Fulfillment of all other requirements for licensure. (C) A waiver granted under subdivision (f)(3)(A) of this section also shall operate as a waiver under § 6-17-414 for an unlicensed individual to work for a school district as a student teacher. (g)(1) The superintendent of each school district or open-enrollment public charter school shall report to the state board the name of any person holding a license issued by the state board and currently employed or employed during the two (2) previous school years by the school district or open-enrollment public charter school who: (A) Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (c) of this section; (B) Holds a license obtained by fraudulent means; (C) Has had a similar license revoked in another state; (D) Has intentionally compromised the validity or security of any student test or testing program administered or required by the Division of Elementary and Secondary Education; (E) Has knowingly submitted falsified information or failed to submit information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; (F) Has failed to establish or maintain the necessary requirements and standards set forth in Arkansas law or Division of Elementary and Secondary Education rules for teacher licensure; or (G) Has a true report in the Child Maltreatment Central Registry. (2) Failure of a superintendent to report information as required by this subsection may result in sanctions imposed by the state board. (h)(1) Any information received by the Division of Elementary and Secondary Education from the Identification Bureau or the department pursuant to subsection (a) of this section shall not be available for examination except by the affected applicant for licensure or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education. (2) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that applicant only. (3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (i) The state board shall adopt the necessary rules to fully implement the provisions of this section. (j) As used in this section: (1) “Preservice teacher” means an unlicensed individual who is accepted or enrolled in a teacher preparation program approved by the Division of Elementary and Secondary Education; and (2) “Supervised clinical practice” means the placement of a preservice teacher by a teacher education program approved by the Division of Elementary and Secondary Education at the educational entity for the purpose of the student completing an internship or a student teaching experience required by the teacher education program.