6-17-411. Criminal records check as a condition for initial employment of licensed personnel — Definitions.

6-17-411. Criminal records check as a condition for initial employment of licensed personnel — Definitions. (a)(1)(A) Except as provided in subdivision (a)(1)(B) of this section, the board of directors of an educational entity shall require as a condition for initial employment by the educational entity that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Division of Elementary and Secondary Education the results of: (i) Statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and (ii) The Child Maltreatment Central Registry check by the Department of Human Services. (B)(i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(B)(i) of this section, “affected district” means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks or the Child Maltreatment Central Registry checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check and the Child Maltreatment Central Registry check. (3) At the conclusion of the criminal records check required by this section, the bureau may maintain the fingerprints in the automated fingerprint identification system. (4)(A) Any information received by the Division of Elementary and Secondary Education from the bureau or the department under this section shall not be available for examination except by the affected applicant for employment 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. (B) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the criminal records background check and the Child Maltreatment Central Registry check. (5)(A) Upon completion of the statewide and nationwide criminal records background checks and the Child Maltreatment Central Registry check, the bureau or the department shall forward all releasable information to the Division of Elementary and Secondary Education. (B) Within thirty (30) days of receiving all releasable information that has been forwarded by the bureau and the department under subdivision (a)(5)(A) of this section, the Division of Elementary and Secondary Education shall inform the board of directors of the educational entity whether or not the affected applicant is eligible for employment as provided under subsection (b) of this section. (b)(1)(A) No person holding a license from the state board shall be eligible for employment by an educational entity if the results of the criminal records check released to the Division of Elementary and Secondary Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under § 6-17-410, unless the state board waives revocation. (B) No person holding a license issued by the state board shall be eligible for employment by an educational entity if the results of the Child Maltreatment Central Registry check released to the Division of Elementary and Secondary Education reveal that the applicant has a true report in the Child Maltreatment Central Registry, unless the state board waives revocation under § 6-17-410. (2) However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending notification from the Division of Elementary and Secondary Education that the: (A) Applicant is eligible for employment based on the background checks; or (B) State board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry. (c) The board of directors of an educational entity shall require as a condition for supervised clinical practice at the educational entity that a preservice teacher seeking to conduct his or her supervised clinical practice shall authorize the release to the Division of Elementary and Secondary Education of the results of the criminal records background check and Child Maltreatment Central Registry check required under subdivision (a)(1)(A) of this section. (d) As used in this section: (1) “Educational entity” means: (A) The Division of Elementary and Secondary Education; or (B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity; (2) “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 (3) “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 student teaching experience required by the teacher education program.