Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 1   State of Arkansas
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                               SENATE BILL 72
 4
 5   By: Senator J. Sturch
 6   By: Representative Vaught
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 8                                     For An Act To Be Entitled
 9                   AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE
10                   CONCERNING BACKGROUND CHECKS FOR SCHOOL PERSONNEL;
11                   AND FOR OTHER PURPOSES.
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14                                                 Subtitle
15                           TO AMEND PROVISIONS OF THE ARKANSAS CODE
16                           CONCERNING BACKGROUND CHECKS FOR SCHOOL
17                           PERSONNEL.
18
19
20   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22           SECTION 1.      Arkansas Code  6-17-410(b)(2), concerning teacher
23   licensure, is amended to add an additional subdivision to read as follows:
24                           (C)   A conviction for or plea of guilty or nolo contendere
25   to a nonviolent and nonsexual offense that is at least ten (10) years old
26   shall not disqualify a person under this section.
27
28           SECTION 2.      Arkansas Code  6-17-414(a)(1)(B)(ii), concerning the
29   criminal records check required as a condition for initial employment of
30   nonlicensed personnel, is amended to read as follows:
31                                  (ii)    Unless the employing educational entity's board
32   of directors has taken action to pay for the cost of criminal background
33   checks required by this section, the employment applicant shall be
34   responsible for the payment of any fee associated with the criminal records
35   background checks and the Child Maltreatment Central Registry checks required
36   by this section.
     *JNL122*                                                                 01/05/2021 11:32:28 AM JNL122
                                                                                      SB72
 1
 2        SECTION 3.        Arkansas Code  6-17-414(a)(2), concerning the criminal
 3   records check required as a condition for initial employment of nonlicensed
 4   personnel, is amended to add an additional subdivision to read as follows:
 5                          (C)   A conviction for or plea of guilty or nolo contendere
 6   to a nonviolent and nonsexual offense that is at least ten (10) years old
 7   shall not disqualify a person under this section.
 8
 9        SECTION 4.        Arkansas Code  6-17-415 is amended to read as follows:
10        6-17-415.     Criminal records check and Child Maltreatment Central
11   Registry check for existing and newly hired nonlicensed employees.
12        (a)   It is the clear intent of the General Assembly to authorize each
13   public school district at its discretion to A public school district shall
14   require criminal background checks and Child Maltreatment Central Registry
15   checks of existing and newly hired nonlicensed employees at least one (1)
16   time every five (5) years in the same manner and subject to the same terms
17   and conditions as set forth in this section, and         6-17-414 and 6-17-416
18   for newly hired nonlicensed applicants.
19        (b)(1)     Any A public school district that may, by a vote of its local
20   school district board of directors, requires criminal records background
21   checks and Child Maltreatment Central Registry checks for existing
22   nonlicensed employees shall pay the full pay all or part of the cost of the
23   criminal records background checks and Child Maltreatment Central Registry
24   checks.
25                 (2)(A)     Upon completion of the statewide and nationwide criminal
26   records background checks and the Child Maltreatment Central Registry check,
27   the Identification Bureau of the Division of Arkansas State Police or the
28   Department of Human Services shall forward all releasable information to the
29   Division of Elementary and Secondary Education.
30                          (B)   Within thirty (30) days of receiving all releasable
31   information that has been forwarded by the Identification Bureau of the
32   Division of Arkansas State Police and the Department of Human Services
33   department under subdivision (b)(2)(A) of this section, and  6-17-414 and
34   6-17-416, the Division of Elementary and Secondary Education shall inform the
35   board of directors of the educational entity whether or not the affected
36   applicant is eligible for initial or continued employment as provided under 
                                              2            01/05/2021 11:32:28 AM JNL122
                                                                                 SB72
 1   6-17-414.
 2               (3)   A public school district under subdivision (b)(1) of this
 3   section shall require that an existing nonlicensed employee complete a
 4   criminal records background check and Child Maltreatment Central Registry
 5   check at least one (1) time every five (5) years.
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Statutes affected: 
SB 72: 6-17-410(b), 6-17-414(a)