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6-17-417. Fingerprint or name check — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-17-417. Fingerprint or name check — Definition.
(a) As used in this section, “applicant” means a person who must apply to the Identification Bureau of the Department of Arkansas State Police for a statewide and nationwide criminal records check as a condition for a license issued by the State Board of Education or as a condition for employment by an educational entity.
(b) An educational entity that is initiating a criminal records check under § 6-17-410, § 6-17-411, § 6-17-414, or § 6-17-421 shall subscribe to and initiate both the state and federal criminal records check on the Department of Arkansas State Police online system.
(c) An individual who initiates the criminal records check shall use the online system approved by the Department of Education.
(d) Fingerprints shall be taken by any fingerprinting method approved by the Department of Arkansas State Police.
(e) In any instance where a legible set of fingerprints, as determined by the Identification Bureau of the Department of Arkansas State Police, cannot be obtained from an applicant after a minimum of two (2) attempts, the Department of Education or the educational entity shall determine eligibility for licensure or employment based on the criteria established by rules promulgated by the state board.
(f)(1) The state may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial background check that is conducted through available governmental systems.
(2) The state may submit an applicant's fingerprints to the federal Next Generation Identification system.
(3) The fingerprints may be searched by future submissions to the Next Generation Identification system, including latent fingerprint searches.
(4) An applicant enrolled in th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-17-417
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-17-417
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8333157d5363f13c478760c6f3b952d28d31aa11ace2c70a1b9be9d3a6eafd58
Source location: content.xml paragraph 12834
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6-17-417. Fingerprint or name check — Definition.
(a) As used in this section, “applicant” means a person who must apply to the Identification Bureau of the Department of Arkansas State Police for a statewide and nationwide criminal records check as a condition for a license issued by the State Board of Education or as a condition for employment by an educational entity.
(b) An educational entity that is initiating a criminal records check under § 6-17-410, § 6-17-411, § 6-17-414, or § 6-17-421 shall subscribe to and initiate both the state and federal criminal records check on the Department of Arkansas State Police online system.
(c) An individual who initiates the criminal records check shall use the online system approved by the Department of Education.
(d) Fingerprints shall be taken by any fingerprinting method approved by the Department of Arkansas State Police.
(e) In any instance where a legible set of fingerprints, as determined by the Identification Bureau of the Department of Arkansas State Police, cannot be obtained from an applicant after a minimum of two (2) attempts, the Department of Education or the educational entity shall determine eligibility for licensure or employment based on the criteria established by rules promulgated by the state board.
(f)(1) The state may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial background check that is conducted through available governmental systems.
(2) The state may submit an applicant's fingerprints to the federal Next Generation Identification system.
(3) The fingerprints may be searched by future submissions to the Next Generation Identification system, including latent fingerprint searches.
(4) An applicant enrolled in the Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history background check is required if:
(A) A legible set of the applicant's fingerprints are obtained when the applicant enrolls in the Next Generation Identification system; and
(B) The applicant is subject to the Rap Back service of the Next Generation Identification system.
(g) The Identification Bureau of the Department of Arkansas State Police and the Federal Bureau of Investigation may maintain fingerprints in the Integrated Automated Fingerprint Identification System.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-17-410
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-17-410. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 cri
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-17-411
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-17-411. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-17-414. Criminal records check as a condition for initial employment of nonlicensed personnel — Definitions.
(a)(1)(A)(i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Division of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation.
(ii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417.
(iii) The Identification Bureau and the Federal Bureau of Investigation may maintain these fingerprints in the automated fingerprint identification system.
(B)(i) The person shall sign a release of information to the Division of Elementary and Secondary Education.
(ii) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records checks.
(C)(i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions (a)(1)(A) and (B) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had complete criminal background checks 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)(C)(i) of this sec
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-17-414
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-17-414. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-17-421. Criminal records check for fraudulent acts — Definitions.
(a) For purposes of this section:
(1) “Applicant” means an individual who is applying for initial employment as a fiscal officer of an educational entity;
(2) “Educational entity” means:
(A) A school district;
(B) An open-enrollment public charter school; or
(C) An education service cooperative;
(3) “Fiscal officer” means any licensed or nonlicensed employee of an educational entity who has any right, duty, or responsibility to access funds of an educational entity in excess of five thousand dollars ($5,000), specifically including without limitation superintendents, fiscal officers, and bookkeepers; and
(4) “Fraudulent act” means an act:
(A) Performed willfully and with the specific intent to deceive or cheat for the purpose of either causing some financial loss to another or bringing about some financial gain to the actor; and
(B) For which the actor has pleaded guilty or nolo contendere or has been found guilty by any court in this state, by a court in another state, or by a federal court.
(b)(1)(A) Upon making application for employment in a position as a fiscal officer of an educational entity, the board of directors of the educational entity shall require the employment applicant to authorize release to the Division of Elementary and Secondary Education the results of statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police.
(B) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check.
(2)(A) The crimi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-17-421
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-17-421. This identifies an authority to review, not proof of applicability.