(a)(1)(A)  Except as provided in subdivision (a)(1)(B) of this section, the board of directors of a local school district shall require as a condition for initial employment by the district that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Department of Education of the results of statewide and nationwide criminal records checks by the Bureau of Identification and Information which conform to the applicable federal standards and include the taking of the applicant's fingerprints. 

(B)(i)  The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. 

(ii)  As used in this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. 

(2)  Unless the employing school district's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible to the Department of Arkansas State Police for the payment of any fee associated with the criminal records check. 

(3)  At the conclusion of the criminal records check required by this section, the Bureau of Identification and Information shall promptly destroy the fingerprint card of the affected applicant. 

(4)(A)  Any information received by the Department of Education from the Bureau of Identification and Information pursuant to this section shall not be available for examination except by the affected applicant for employment or his duly authorized representative, and no record, file, or document shall be removed from the custody of the department. 

(B)  Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. 

(C)  Rights of privilege and confidentiality established herein shall not extend to any document created for purposes other than this background check. 

(5)  The Department of Education shall promptly inform the board of directors of the local school district whether or not the affected applicant is eligible for employment as provided by subsection (b) of this section. 

(b)(1)  No person holding a license from the State Board of Education shall be eligible for employment by a local school district if the results of the criminal records check released to the Department of Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the State Board of Education under §§ 6-17-405 and 6-17-410. 

(2)  Provided, however, that the board of directors of a local school district is authorized to offer provisional employment to the affected applicant pending receipt of eligibility information from the Department of Education. 

History. Acts 1997, No. 1313, § 3; 2003, No. 42, § 1.