4.1 Except as otherwise provided herein, an Applicant may not be issued a first-time license or license renewal, nor may an Applicant be employed by or serve in a supervised clinical practice at an educational entity, without the successful completion of a criminal records check and the successful completion of a Child Maltreatment Central Registry check as required by these Rules.
4.1.1 Before a teacher or administrator may be hired for employment at an Arkansas school, the school hiring officer shall check the Arkansas Educator Licensure System (AELS) to determine whether the State Board has acted upon a violation of Standard 1 involving the sexual abuse of a student by the applicant.
Source: Ark. Code Ann. § 6-17-428(p)
4.2 Applicants for a first-time license issued by the State Board:
4.2.1 Each first-time Applicant for a license issued by the State Board shall be required to apply to:
4.2.1.1 The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
4.2.1.2 The Division of Human Services for a Child Maltreatment Central Registry check.
4.2.2 A background check for a first-time Applicant for a license obtained during the twelve (12) months before the license is issued meets the requirement under 4.02.1 for the first-time Applicant.
4.2.3 The State Board may issue a six-month, non-renewable letter of provisional eligibility for licensure to a first-time Applicant if the Applicant meets all other qualifications, pending the results of the nationwide criminal records and Child Maltreatment Central Registry checks.
4.2.4 The Commissioner of Elementary and Secondary Education may extend the period of provisional eligibility to the end of the contract year if:
4.2.4.1 The Applicant is employed by an educational entity; and
4.2.4.2 Results of the nationwide criminal records check or Child Maltreatment Central Registry check are delayed.
4.2.5 The letter of provisional eligibility will immediately become invalid upon receipt of information that the Applicant has a true report on the Child Maltreatment Central Registry or information obtained from the criminal records check from the Arkansas State Police or the FBI, or other eligibility information, indicating that the applicant has pled guilty or nolo contendere to, or has been found guilty of, any offense that will or may result in license revocation under Ark. Code Ann. § 6-17-410.
4.2.6 The Applicant shall be responsible for the payment of any fees associated with the criminal records check and Child Maltreatment Central Registry check.
4.3 Applicants for a license renewal:
4.3.1 Each Applicant for license renewal shall be required to apply to:
4.3.1.1 The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
4.3.1.2 The Division of Human Services for a Child Maltreatment Central Registry check.
4.3.2 The Applicant should begin the process of obtaining the criminal records check and Child Maltreatment Central Registry check by July 1 of the year in which the Applicant's license expires.
4.3.3 The State Board may issue a six-month, non-renewable letter of provisional eligibility for licensure to a first-time Applicant if the Applicant meets all other qualifications, pending the results of the nationwide criminal records and Child Maltreatment Central Registry checks.
4.3.4 The Commissioner of Elementary and Secondary Education may extend the period of provisional eligibility to the end of the contract year if:
4.3.4.1 The Applicant is employed by a public school district or open-enrollment public charter school; and
4.03.4.1 [FN1] Results of the nationwide criminal records check or Child Maltreatment Central Registry check are delayed.
4.3.5 The letter of provisional eligibility will immediately become invalid upon receipt of information that the Applicant has a true report on the Child Maltreatment Central Registry or information obtained from the criminal records check from the Arkansas State Police or the FBI, or other eligibility information, indicating that the applicant has pled guilty or nolo contendere to, or has been found guilty of, any offense that will or may result in license revocation under Ark. Code Ann. § 6-17-410.
4.3.6 This Applicant shall be responsible for the payment of any fees associated with the criminal records check and Child Maltreatment Central Registry check.
4.4 Preservice teachers:
4.4.1 Each Applicant who is a preservice teacher shall apply to:
4.4.1.1 The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
4.4.1.2 The Division of Human Services for a Child Maltreatment Central Registry check.
4.4.2 The Applicant shall be responsible for the payment of any fees associated with the criminal records check and Child Maltreatment Central Registry check.
4.4.3 These rules do not require an institution of higher education to bar a student from enrollment due to a disqualifying criminal conviction or a true report in the Child Maltreatment Central Registry.
4.4.4 The preservice teacher shall successfully complete the required criminal records check and Child Maltreatment Central Registry check before beginning a supervised clinical practice for a school district or public charter school.
4.5 Applicants for employment in a licensed staff position:
4.5.1 Each Applicant for initial employment or non-continuous reemployment in a licensed staff position for an educational entity shall be required as a condition of employment to apply to:
4.5.1.1 The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
4.5.1.2 The Division of Human Services for a Child Maltreatment Central Registry check.
4.5.2 The board of directors of a receiving or resulting public school district in a consolidation, annexation, or detachment may waive the requirements of this Section 4.05 for personnel who were employed by an affected district immediately prior to the annexation, consolidation, or detachment and who had a complete criminal records check conducted as a condition of the person's most recent employment with the affected district as required under this section.
4.5.3 An educational entity shall not employ in a licensed staff position any individual who has a true report in the Child Maltreatment Central Registry, unless the State Board granted a waiver by awarding a license or renewal under Section 3.00 herein.
4.5.4 An educational entity shall not employ in a licensed staff position any individual who has pled guilty, pled nolo contendere to, or been found guilty of any offense that will or may result in license revocation under Ark. Code Ann. § 6-17-410, unless the State Board granted a waiver by awarding a license or renewal under Section 3.00 herein.
4.5.5 An educational entity may offer provisional employment to an affected Applicant pending notification from the Division that the:
4.5.5.1 Applicant is eligible for employment based on the background checks; or
4.5.5.2 State Board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry.
4.5.6 The Applicant shall be responsible for the payment of any fees associated with the criminal records check and Child Maltreatment Central Registry check, unless the board of directors of the employing educational entity chooses to pay the fees.
4.6 Applicants for employment in a nonlicensed staff position:
4.6.1 Each Applicant for initial employment or non-continuous reemployment in a nonlicensed staff position for an educational entity, shall be required as a condition of employment to apply to:
4.6.1.1 The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
4.6.1.2 The Division of Human Services for a Child Maltreatment Central Registry check.
4.6.2 The board of directors of a receiving or resulting public school district in a consolidation, annexation, or detachment may waive the requirements of this Section 4.06 for personnel who were employed by an affected district immediately prior to the annexation, consolidation, or detachment and who had a complete criminal records check conducted as a condition of the person's most recent employment with the affected district as required under this section.
4.6.3 An educational entity shall not employ in a nonlicensed staff position any individual 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 offense identified in Ark. Code Ann. § 6-17-414(b).
4.6.4 An educational entity may offer provisional employment to an affected Applicant pending receipt of the results of the nationwide criminal records or Child Maltreatment Central Registry checks.
4.6.5 The Applicant shall be responsible for the payment of any fees associated with the criminal records check and Child Maltreatment Central Registry check, unless the board of directors of the employing educational entity chooses to pay the fees.
4.6.6 Notwithstanding the provisions of Section 4.6.5, an educational entity may at its discretion pay the full cost of the criminal records checks and Child Maltreatment Central Registry checks. A school district shall require a criminal records check and Child Maltreatment Central Registry check at least one (1) time every five (5) years.
4.6.6.1 School districts should review all classified employees records to see when their last background check was completed.
4.6.7 If an applicant for employment has been determined ineligible for employment because the applicant has a true report in the Child Maltreatment Central Registry, or has pled guilty or nolo contendere to, or has been found guilty of, any offense identified in Ark. Code Ann. § 6-17-414(b), the board of directors of the educational entity shall provide a written notice to the applicant and shall afford the applicant the opportunity to request a waiver.
4.6.7.1 The waiver shall be requested, pursuant to school district policy, no more than thirty (30) days after receipt of the notice of the denial of employment.
4.6.7.2 The waiver may be requested by:
4.6.7.2.1 The hiring official;
4.6.7.2.2 The affected applicant; or
4.6.7.2.3 The person subject to dismissal.
4.6.7.3 Circumstances for which a waiver may be granted shall include without limitation the following:
4.6.7.3.1 The age at which the incident was committed;
4.6.7.3.2 The circumstances surrounding the incident;
4.6.7.3.3 The length of time since the incident;
4.6.7.3.4 Subsequent work history;
4.6.7.3.5 Employment references;
4.6.7.3.6 Character references; and
4.6.7.3.7 Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.
4.6.7.4 The board of directors of the educational entity may grant the waiver by adopting a written resolution identifying the applicant by name and listing the specific facts and circumstances for which the waiver is being granted.
4.6.7.4.1 A waiver request may be discussed and acted upon by the board of directors only in an open public meeting and not in an executive session.
4.6.7.4.2 After adopting the resolution, the board of directors shall immediately provide a copy of the resolution and waiver request to the Division.
4.7 If an Applicant is employed by a third party vendor under contract with the educational entity, the educational entity may-- but is not required to -- afford the Applicant the opportunity to request a waiver from the school district board of directors.
Credits
Adopted March 30, 2012. Amended Dec. 14, 2013; Dec. 28, 2015; Oct. 30, 2017; Sept. 12, 2020; June 2, 2022.
Source: Ark. Code Ann. §§ 6-17-410, 6-17-411, and 6-17-414.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.26-4.0, AR ADC 005.28.26-4.0
