Does the law permit a charter school to require all employees to obtain a fingerprint clearance card regardless of position?
No. A.R.S. §15-183.C.4 does not allow a charter school to establish a stricter fingerprinting requirement for its employees than provided by law. Moreover, the Department of Public Safety can only conduct the fingerprint background check necessary for a fingerprint clearance card if it is required by state law. A.R.S. §15-183.C.4 limits the fingerprint clearance card requirement to “persons engaged in instructional work directly as a classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist or principal, unless the person is a volunteer or guest speaker who is accompanied in the classroom by a person with a valid fingerprint clearance card.” Therefore, a charter school cannot require non-instructional employees to obtain fingerprint clearance cards. Knowingly falsifying information to obtain a fingerprint clearance card is a Class 3 misdemeanor (A.R.S. §41-1758.05).
Related Questions
- Does the law permit a charter school to require all employees to obtain a fingerprint clearance card regardless of position?
- As a charter school administrator, how do I confirm that an individual’s fingerprint clearance card is valid?
- Are student teachers at my charter school required to have a valid fingerprint clearance card?
