0.4 Arizona education law review: school employees  (Page 4/10)

4. Does the district conduct fingerprint checks in accordance with Title 41-1750?

5. Does the district require personnel who are required to be fingerprinted to certify on forms provided by the district that they are not awaiting trial on, nor have ever been convicted of, nor have admitted committing any of the criminal offenses listed in ARS 15-512.D.?

6. Does the school district refrain from hiring and consider terminating personnel who have been convicted of any of the criminal offenses prescribed in 15-512.D or of a similar offense in another jurisdiction?

7. Does a school district which is considering terminating an employee under these provisions hold a hearing to determine whether a person already employed shall be terminated? In conducting a review, does the governing board utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the State Board of Education?

8. Prior to employment, does the district make documented good faith efforts to contact previous employers of a person to obtain information and recommendations which may be relevant to a person's fitness for employment? Governing boards shall adopt procedures for the conduct of background investigations including standard forms.

9. School districts that rely on information obtained from public entities that contract to perform background investigations are immune from civil liability for use of the information.

Does the district have a procedure/policy to terminate an employee if the information on the form specified in item #5 above is inconsistent with the information received from the fingerprint check?

Superintendents or chief administrators who are responsible for implementing the governing board’s policy regarding background investigations and who fail to carry out that responsibility are guilty of unprofessional conduct.

School districts may hire non-certificated personnel before receiving the results of the fingerprint check but also may terminate such employees if the information on the form is inconsistent with the information received from the fingerprint check.

[ ] Yes [ ]No

Ars†15-513 transportation employees; chemical abuse education; drug tests; costs; termination from employment; appeal; definition

Does the school district require transportation employees to submit to drug and alcohol testing if the supervisor of the employee or the supervisor's designee has probable cause that the employee's job performance has been impaired by the use of alcohol or a drug?

Does the district base probable cause upon observance of the employee by district personnel or personnel of a contracting person or entity which furnishes transportation services to the school district and is the observance documented by an affidavit signed by the person who has observed the behavior and by the supervisor of the employee or the supervisor's designee?