1. (a)

   1. (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 or work as a registered volunteer coach, without the successful completion of a criminal records check and the successful completion of a Child Maltreatment Central Registry check as required by this part.

   2. (2)

      1. (A) 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 of Education has acted upon a violation of Standard 1 by the applicant.
      2. (B) Source: Ark. Code Ann. Arkansas Code § 6-17-428(p).

   3. (3) Registered volunteer coaches, as a condition for unsupervised contact with students, shall:

      1. (A) Complete a criminal records check per Arkansas Code § 6-17-414; and
      2. (B) Meet the requirements of subsection (f) of this section.

2. (b) Applicants for a first-time license issued by the state board.

   1. (1) Each first-time applicant for a license issued by the state board shall be required to apply to:

      1. (A) The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
      2. (B) The Department of Human Services for a Child Maltreatment Central Registry check.
   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 subdivision (b)(1) of this section for the first-time applicant.
   3. (3) The state board may issue a six-month, nonrenewable 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. (4) The Commissioner of Elementary and Secondary Education may extend the period of provisional eligibility to the end of the contract year if:

      1. (A) The applicant is employed by an educational entity; and
      2. (B) Results of the nationwide criminal records check or Child Maltreatment Central Registry check are delayed.
   5. (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, information obtained from the criminal records check from the Arkansas State Police or the Federal Bureau of Investigation, 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 Arkansas Code § 6-17-410.
   6. (6) The applicant shall be responsible for the payment of any fees associated with the criminal records check and Child Maltreatment Central Registry check.

3. (c) Applicants for a license renewal.

   1. (1) Each applicant for license renewal shall be required to apply to:

      1. (A) The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
      2. (B) The Department of Human Services for a Child Maltreatment Central Registry check.
   2. (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.
   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. (4) The commissioner may extend the period of provisional eligibility to the end of the contract year if:

      1. (A) The applicant is employed by a public school district or open-enrollment public charter school; and
      2. (B) Results of the nationwide criminal records check or Child Maltreatment Central Registry check are delayed.
   5. (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, information obtained from the criminal records check from the Arkansas State Police or the Federal Bureau of Investigation, 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 Arkansas Code § 6-17-410.

   6. (6) This applicant shall be responsible for the payment of any fees associated with the:

      1. (A) Criminal records check; and
      2. (B) Child Maltreatment Central Registry check.

4. (d) Preservice teachers.

   1. (1) Each applicant who is a preservice teacher shall apply to:

      1. (A) The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
      2. (B) The Department of Human Services for a Child Maltreatment Central Registry check.
   2. (2) The applicant shall be responsible for the payment of any fees associated with the criminal records check and Child Maltreatment Central Registry check.

   3. (3) This part does not require an institution of higher education to bar a student from enrollment due to a:

      1. (A) Disqualifying criminal conviction; or
      2. (B) True report in the Child Maltreatment Central Registry.

   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:

      1. (A) School district; or
      2. (B) Public charter school.

5. (e) Applicants for employment in a licensed staff position.

   1. (1) Each applicant for initial employment or noncontinuous reemployment in a licensed staff position for an educational entity shall be required as a condition of employment to apply to:

      1. (A) The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
      2. (B) The Department of Human Services for a Child Maltreatment Central Registry check.

   2. (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 subsection for personnel who:

      1. (A) Were employed by an affected district immediately prior to the annexation, consolidation, or detachment; and
      2. (B) 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.
   3. (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 6 CAR § 194-103.
   4. (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 Arkansas Code § 6-17-410, unless the state board granted a waiver by awarding a license or renewal under 6 CAR § 194-103.

   5. (5) An educational entity may offer provisional employment to an affected applicant pending notification from the Division of Elementary and Secondary Education that the:

      1. (A) Applicant is eligible for employment based on the background checks; or
      2. (B) State board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry.
   6. (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.

6. (f) Applicants for employment in a nonlicensed staff position and registered volunteer coaches.

   1. (1) Each applicant for initial employment or noncontinuous reemployment in a nonlicensed staff position for an educational entity or registered volunteer coach, shall be required as a condition of employment to apply to:

      1. (A) The Identification Bureau of the Division of Arkansas State Police for a state and federal criminal records check including the taking of fingerprints; and
      2. (B) The Department of Human Services for a Child Maltreatment Central Registry check.

   2. (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 subsection for personnel who:

      1. (A) Were employed by an affected district immediately prior to the:

7. (i) Annexation;

   1. (ii) Consolidation; or

      1. (iii) Detachment; and
      2. (B) 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.

   2. (3) An educational entity shall not allow a registered volunteer coach to work or employ in a nonlicensed staff position any individual who has:

      1. (A) A true report in the Child Maltreatment Central Registry; or
      2. (B) Pled guilty or nolo contendere to, or has been found guilty of, any offense identified in Arkansas Code § 6-17-414(b).
   3. (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. (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.

   5. (6)

      1. (A) Notwithstanding the provisions of subdivision (f)(5) of this section, an educational entity may at its discretion pay the full cost of the criminal records checks and Child Maltreatment Central Registry checks.

      2. (B)

         1. (i) A school district shall require a criminal records check and Child Maltreatment Central Registry check at least one (1) time every five (5) years.
         2. (ii) School districts should review all classified employees’ records to see when their last background check was completed.
         3. (iii) School districts should review all records of registered volunteer coaches to verify when the last background check was completed.

   6. (7)

      1. (A) If an applicant has been determined ineligible for employment or work in an educational entity 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 Arkansas Code § 6-17-414(b), the board of directors of the educational entity shall:

         1. (i) Provide a written notice to the applicant; and
         2. (ii) Afford the applicant the opportunity to request a waiver.
      2. (B) 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 or denial of approval for work at an educational entity.

      3. (C) The waiver may be requested by:

         1. (i) The hiring official;
         2. (ii) The affected applicant; or
         3. (iii) The person subject to dismissal.

      4. (D) Circumstances for which a waiver may be granted shall include without limitation the following:

         1. (i) The age at which the incident was committed;
         2. (ii) The circumstances surrounding the incident;
         3. (iii) The length of time since the incident;
         4. (iv) Subsequent work history;
         5. (v) Employment references;
         6. (vi) Character references; and
         7. (vii) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.

      5. (E)

         1. (i) The board of directors of the educational entity may grant the waiver by:
8. (a) (a) Adopting a written resolution identifying the applicant by name; and

9. (b) (b) Listing the specific facts and circumstances for which the waiver is being granted.

   1. (ii) 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.

      1. (iii) After adopting the resolution, the board of directors shall immediately provide a copy of the resolution and waiver request to the Division of Elementary and Secondary Education.
10. (g) 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.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “Source: Ark. Code Ann. §§ 6-17-410, 6-17-411, and 6-17-414.”