15-534

15-534. Fingerprinting; review and disciplinary
action; violation; classification

A. A person who applies for a certificate as prescribed in section 15-203 shall
have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12,
article 3.1. Applicants who possess a certificate pursuant to section 15-203 and who
apply for additional certificates or who apply for renewal of any certificate shall meet
one of the following requirements:

1. Have a valid fingerprint clearance card issued pursuant to title 41, chapter 12,
article 3.1.

2. Provide proof of the submission of an application for a fingerprint clearance
card. Applicants who have been denied a fingerprint clearance card shall also provide
proof that the applicant qualifies for a good cause exception hearing pursuant to section
41-619.55.

B. A person who is certified pursuant to section 15-203 shall maintain a valid
fingerprint clearance card during the valid period of the person's certificate or
certificates.

C. The state board of education may review and determine whether to renew or not
issue a certificate to an applicant for certification on a finding that the applicant
engaged in conduct that is immoral or unprofessional or engaged in conduct that would
warrant disciplinary action if the person had been certified at the time that the alleged
conduct occurred. The board shall prescribe guidelines for this process.

D. The state board of education may take disciplinary action against or not renew
the certificate of a person on a finding that the certificated person engaged in conduct
that is immoral or unprofessional or engaged in conduct that would warrant disciplinary
action if the person had been certified at the time that the alleged conduct occurred.
The board shall prescribe guidelines for this process.

E. The department of education may issue conditional certification before an
applicant has obtained a valid fingerprint clearance card. A conditional certificate may
be used only for employment in the school district that submits an application to the
department of education for conditional certification pursuant to this subsection. The
state board of education may revoke conditional certification if the information on the
application for a conditional certificate is false or incomplete, the applicant is denied
a fingerprint clearance card or the conditional certificate is used for employment in a
school district other than the school district that is indicated on the application for
conditional certification. In addition to any other conditions or requirements deemed
necessary by the superintendent of public instruction to protect the health and safety of
pupils, conditional certification shall be issued before the applicant obtains a
fingerprint clearance card if all of the following conditions are met:

1. The school district that is seeking to hire the applicant verifies in writing on
a form developed by the department of education the necessity for hiring and placement of
the applicant before a fingerprint check is completed.

2. The school district that is seeking to hire the applicant performs all of the
following:

(a) Ensures that the department of public safety completes a statewide criminal
records check on the applicant. A statewide criminal records check shall be completed by
the department of public safety every one hundred twenty days until the date that the
fingerprint check is completed.

(b) Completes a search of criminal records in all local jurisdictions outside of
this state in which the applicant has lived in the previous five years.

(c) Obtains references from the applicant's current employer and two most recent
previous employers except for applicants who have been employed for at least five years
by the applicant's most recent employer.

(d) Provides general supervision of the applicant until the applicant receives
permanent certification from the department of education.

F. Before employment, schools or school districts shall verify the certification
and fingerprint status of applicants who apply for school or school district positions
that require certification.

G. Any person who participates in a teacher preparation program that is approved by
the state board of education or any person who is contracted by this state, by a school
district or by a charter school to provide tutoring services shall obtain a fingerprint
clearance card pursuant to this section before the person participates in field
experience in this state in which services will be provided directly to pupils. A person
who participates in a teacher preparation program that is approved by the state board and
who does not participate in field experience or student teaching in this state shall not
be required to obtain a fingerprint clearance card pursuant to this section.

H. The state board of education shall notify the department of public safety if the
state board of education receives credible evidence that a person who possesses a valid
fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03,
subsection B.

2. Falsified information on the form required by subsection A of this section.

I. A person who makes a false statement, representation or certification in any
application for certification is guilty of a class 3 misdemeanor.