1.1 These rules shall be known as Arkansas Department of Education Division of Elementary and Secondary Education Rules Governing Background Checks.

1.2 The State Board of Education enacts these Rules pursuant to its authority as set forth in Ark. Code Ann. §§ 6-11-105, 6-17-402, 6-17-410, 6-17-411, 6-17-414, 6-17-415, 6-17-421, 25-15-201 et seq., and Act 630 of 2021.

1.3 It is the purpose of these rules to set forth the requirements for a criminal background check and a Child Maltreatment Central Registry check for:

1.3.1 Each first-time applicant for a license issued by the State Board of Education;

1.3.2 Each applicant for his or her license renewal;

1.3.3 Each applicant for initial employment in a licensed staff position with an educational entity;

1.3.4 Each applicant for initial employment or non-continuous reemployment in a nonlicensed staff position with an educational entity; and

1.3.5 Each preservice teacher.

1.4 It is further the purpose of these rules to prescribe the procedure for revoking, suspending, or placing on probation an educational license when an applicant is disqualified for licensure on the basis of a background check under these rules.

1.5 It is further the purpose of these rules to clarify that superintendents, directors of educational entities, and third party vendors shall have the responsibility of reporting licensure violations of teachers, disqualifying offenses of classified employees, and fraudulent acts by Fiscal Officers to the State Board.

1.6 It is further the purpose of these rules to provide for the participation in state and federal rap back programs.