RULES GOVERNING BACKGROUND CHECKS
Effective Date: June 2, 2022
1.0 REGULATORY AUTHORITY AND PURPOSE
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
617-414
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.
2.0 DEFINITIONS
For the purposes of these rules:
2.1
"Affected District" means a
public school district that loses territory or students as a result of
annexation, consolidation, or detachment.
2.2
"Applicant" includes any
individual who must apply to the Identification Bureau of the Division of
Arkansas State Police for a statewide or nationwide criminal records check or
with the Arkansas Child Maltreatment Central Registry check as a condition for
a license issued by the State Board of Education under Ark. Code Ann. §
6-17-410
or as a condition for employment by an educational entity under Ark. Code Ann.
§§
6-17-411,
617-414, or
6-17-421.
2.3
"Breach of Fiduciary Trust"
means the wrongful misappropriation by a person of any fund or property, which
had lawfully been committed to him or her in a fiduciary character.
2.4
"Division" means the
Arkansas Department of Education Division of Elementary and Secondary
Education.
2.5
"Educational
entity" means:2.5.1 The Division of
Elementary and Secondary Education; or
2.5.2 An entity that is identified by the
Division as a local education agency, except that for a public school operated
by a school district the school district is the educational entity.
2.6
"Employment"
includes any contract of hire, whether written or oral, whether express or
implied, for any type of work on behalf of an educational entity, whether
full-time or part-time, and whether permanent or temporary.
2.6.1 "Employment" also specifically includes
without limitation:2.6.1.1 Service as a
substitute teacher, whether paid or unpaid; and
2.6.1.2 Student teacher in a supervised
clinical practice, whether paid or unpaid.
2.6.2 "Employment" does not include
contractors and workers for hire from third party vendors under the exclusion
in Section 2.21.2 of these rules.
2.7
"Fiscal Officer" means any
licensed or nonlicensed employee of an educational entity who has any right,
duty, or responsibility to access funds of the educational entity in excess of
five thousand dollars ($5,000), specifically including without limitation
superintendents, Fiscal Officers and bookkeepers.
2.8
"Fraud" means all acts,
omissions and concealments involving a breach of a legal or equitable duty and
resulting in damage to another.
2.9
"Fraudulent Act" means an act:
2.9.1 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
2.9.2 In which the actor has
pleaded guilty or nolo contendere, or has been found guilty by any court in
this state, another state, or by a federal court.
2.10
"Initial employment" means
the first time that an applicant has been employed by an educational
entity.
2.11
"Law enforcement
officer" means a state police officer, a city police officer, a sheriff
or a deputy sheriff.
2.12
"Letter of provisional eligibility" means a six-month,
non-renewable letter of provisional eligibility for licensure issued by the
State Board of Education to an applicant for first-time licensure during the
period that a criminal records check and Child Maltreatment Central Registry
check are being conducted.
2.13
"Non-continuous reemployment" means employment in an educational
entity by an applicant who was previously employed by the same entity but not
at any point during the immediately preceding school year.
2.14
"Nonlicensed staff
position" means a position with an educational entity, which position
does not require the holder of the position to possess an Arkansas teacher's
license. 2.14.1 "Nonlicensed staff position"
includes a:2.14.1.1 Parental monitor on a
school bus as permitted under A.C.A. §
6-19-127;
2.14.1.2 Staff position for which the
nonlicensed staff person is either paid directly by the educational entity or
by a third party vendor under contract with the educational entity to staff the
position; and
2.14.1.3 Designated
employee position with the Division.
2.15
"Preservice teacher" means
an unlicensed person accepted or enrolled in a teacher preparation program
approved by the Division.
2.16
"Rap Back program" means a state or federal program that provides
notification to the Division of an arrest subsequent to an initial background
check that is conducted pursuant to these rules.
2.17
"Receiving or resulting public
school district" means a public school district that is created or gains
territory or students as the result of a consolidation, annexation, or
detachment.
2.18
"Revocation" means the invalidation of any educator's license. The
revocation will remain permanently in the Division file of the educator and in
the files retained by the PLSB. An Educator whose license has been revoked may
refer to the Division of Elementary and Secondary Education Rules Governing
Educator Licensure on the reinstatement of a revoked license.
2.19
"State Board" means the
Arkansas State Board of Education.
2.20
"Supervised clinical
practice" means the placement of a preservice teacher by a teacher
preparation program approved by the Division at the educational entity for the
purpose of the student completing an internship or a student teaching
experience required by the teacher education program.
2.21
"Third party vendor" (or
"outside vendor") means:2.21.1 A person or
business organization that contracts with an educational entity to provide
staffing for:2.21.1.1 Nonlicensed
positions;
2.21.1.2 Positions
requiring a license issued by the State Board; and
2.21.1.3 Positions where the requirement for
a license is waived by the State Board
2.21.2 "Third party vendor" does not include
a contractor or vendor who is temporarily on an educational entity's property
solely for the purpose of routine maintenance or service and who is not filling
a staff position.
Source: Ark. Code Ann. §§
6-17-410,
6-17-411,
6-17-414,
6-17-417,
and
6-17-421.
3.0 LICENSURE, LICENSE RENEWALS, AND LICENSE REVOCATION
3.1 Unless a waiver is granted pursuant to
this Section 3.00, the State Board shall not issue a license or license renewal
to, and shall revoke, suspend, or place on probation the existing license of
any individual who: 3.1.1 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;
3.1.2 Has a sealed, an expunged, or a
pardoned conviction for any offense in Ark. Code Ann. §...
