1. (a)

   1. (1) The criminal records check and Child Maltreatment Central Registry check required by this part shall be initiated by the submission to the Division of Elementary and Secondary Education of a form developed by the Division of Elementary and Secondary Education containing a release of information and notice of the purpose for fingerprinting signed by the applicant.

   2. (2) For the purposes of this part, a criminal records check shall consist of a:

      1. (A) Statewide criminal records check to be conducted by the Identification Bureau of the Division of Arkansas State Police; and
      2. (B) Nationwide criminal records check to be conducted by the Federal Bureau of Investigation.

   3. (3)

      1. (A) Criminal records checks shall:

2. (i) Conform to the applicable federal or state standards; and

   1. (ii) Include the taking of fingerprints.

      1. (B) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain these fingerprints in the automated fingerprint identification system.

   2. (4) An educational entity that is initiating a criminal records check shall:

      1. (A) Subscribe to the Arkansas State Police online background check system; and
      2. (B) Simultaneously initiate both the state and federal criminal records check on that system.

   3. (5) An individual who initiates the criminal records check shall use the online system:

      1. (A) Approved by the Division of Elementary and Secondary Education; and
      2. (B) Identified on the Division of Elementary and Secondary Education’s website.
   4. (6) Every applicant shall complete the consent forms prescribed by the Division of Elementary and Secondary Education.
   5. (7) Each applicant shall provide fingerprints by an electronic fingerprinting method approved by the Arkansas State Police.

   6. (8) If a legible set of fingerprints, as determined by the Identification Bureau of the Division of Arkansas State Police, cannot be obtained after a minimum of two (2) attempts, the Division of Elementary and Secondary Education shall determine eligibility for licensure or employment based upon a name check by the:

      1. (A) Identification Bureau of the Division of Arkansas State Police; and
      2. (B) Federal Bureau of Investigation.

   7. (9) To be valid for consideration, a criminal records check or Child Maltreatment Central Registry check must have been completed no earlier than twelve (12) months prior to the application for:

      1. (A) Licensure;
      2. (B) Renewal; or
      3. (C) Employment.

   8. (10)

      1. (A) A criminal records check shall be conducted only under the specific Arkansas law governing the request.
      2. (B) Every employer or prospective employer of an applicant shall ensure that the applicant is correctly informed of the proper reason for the criminal records checks by providing to the applicant instructions developed by the Division of Elementary and Secondary Education.
      3. (C) An applicant who submits the criminal records check based on an incorrect reason shall be required to resubmit the background check at his or her own expense under the correct reason.

3. (b)

   1. (1) Any information received by the Division of Elementary and Secondary Education from the Identification Bureau of the Division of Arkansas State Police, the Department of Human Services, or the Federal Bureau of Investigation pursuant to this part shall not be available for examination except by the affected applicant or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education.
   2. (2) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that applicant only.
   3. (3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.

   4. (4)

      1. (A) Within thirty (30) days of receiving the criminal records background check from the Identification Bureau of the Division of Arkansas State Police and the Department of Human Services, the Division of Elementary and Secondary Education shall inform the board of directors of an educational entity whether the affected applicant is eligible for employment.
      2. (B) The Division of Elementary and Secondary Education will only send written notice when an employee is not eligible for employment.

      3. (C) Districts can check the employability status of any employee online at the Arkansas Educator Licensure System website.

         1. (c) New or existing employees of an educational entity who have a contract with or work for more than one (1) school district in one (1) school year shall be required to have only one (1) criminal records check and one (1) Child Maltreatment Central Registry check to satisfy the requirements of all employing school districts for that year.
         2. (d) Participation in state and federal rap back programs. The following shall apply when the Division of Elementary and Secondary Education receives approval from the Arkansas State Police, the Federal Bureau of Investigation or Arkansas Crime Information Center, as applicable, for the Division of Elementary and Secondary Education to participate in state and federal rap back programs:
   5. (1) The Division of Elementary and Secondary Education may subscribe to the state rap back program an applicant who has consented to participation in the state rap back program;

   6. (2)

      1. (A) Upon the submission of a legible set of fingerprints, the Division of Elementary and Secondary Education may subscribe to the national rap back program an applicant who has consented to participation in the national rap back program.

      2. (B) For the duration of the subscription, the applicant is not required to provide fingerprints, but will submit and pay for the:

         1. (i) Criminal records check; and
         2. (ii) Child Maltreatment Central Registry check; and

   7. (3)

      1. (A) An applicant:
4. (a) (a) May withdraw his or her consent to participation in the state or federal rap back program; and

5. (b) (b) Will thereafter be removed from participation in the rap back program.

   1. (B) Once the applicant is no longer subscribed in the rap back program, he or she shall provide fingerprints as required under this part.

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, 6-17-414, and 6-17-417.”