Ariz. Admin. Code § R7-2-1307 - Criminal Offenses

A. The Board shall prohibit a non-certificated individual's employment at a school district or charter school, or revoke, not issue, or not renew the certification or certifications of a certificated individual, who has been convicted of committing or attempting, soliciting, facilitating, or conspiring to commit any of the following criminal offenses in this state or similar offenses in another jurisdiction:

1. Sexual abuse of a minor;

2. Incest;

3. First-degree murder;

4. Second-degree murder;

5. Manslaughter;

6. Sexual assault;

7. Sexual exploitation of a minor;

8. Commercial sexual exploitation of a minor;

9. A dangerous crime against children;

10. Armed robbery;

11. Aggravated assault;

12. Sexual conduct with a minor;

13. Molestation of a child;

14. Exploitation of minors involving drug offenses;

15. Sexual abuse of a vulnerable adult;

16. Sexual exploitation of a vulnerable adult;

17. Commercial sexual exploitation of a vulnerable adult;

18. Child sex trafficking;

19. Child abuse;

20. Abuse of a vulnerable adult;

21. Molestation of a vulnerable adult;

22. Taking a child for the purpose of prostitution;

23. Neglect or abuse of a vulnerable adult;

24. Sex trafficking;

25. Sexual abuse;

26. Production, publication, sale, possession and presentation of obscene items;

27. Furnishing harmful items to minors;

28. Furnishing harmful items to minors by internet activity;

29. Obscene or indecent telephone communications to minors for commercial purposes;

30. Luring a minor for sexual exploitation;

31. Enticement of persons for purposes of prostitution;

32. Procurement by false pretenses of person for purposes of prostitution;

33. Procuring or placing persons in a house of prostitution;

34. Receiving earnings of a prostitute;

35. Causing one's spouse to become a prostitute;

36. Detention of persons in a house of prostitution for debt;

37. Keeping or residing in a house of prostitution or employment in prostitution;

38. Pandering;

39. Transporting persons for the purpose of prostitution, polygamy and concubinage;

40. Portraying adult as a minor;

41. Admitting minors to public displays of sexual conduct;

42. Unlawful sale or purchase of children;

43. Child bigamy;

44. Trafficking of persons for forced labor or services;

45. Kidnapping; or

46. Child enticement.

B. Upon notification by the clerk of the court, magistrate, or court of competent jurisdiction, the Board shall immediately and permanently prohibit a non-certificated individual's employment at a school district or charter school or revoke the certificate or certificates of a certificated individual who has been convicted of any of the following offenses:

1. A dangerous crime against children as defined in A.R.S. § 13-705;

2. Sexual abuse as prescribed in A.R.S. § 13-1404 in which the victim was a minor;

3. Sexual assault as prescribed in A.R.S. § 13-1406 in which the victim was a minor;

4. Sexual conduct with a minor as prescribed A.R.S. § 13-1405;

5. A preparatory offense as prescribed in A.R.S. § 13-1001 of any of the offenses listed in subsections (B)(1), (2), (3) or (4);

6. Any crime that requires the person to register as a sex offender; or

7. An act committed in another state or territory that if committed in this state would have been one of the offenses listed in subsections (B)(1), (2), (3), (4), (5) or (6).

C. If the Board takes disciplinary action against a non-certificated individual or, does not issue, does not renew, or revokes a certificate or certificates due to a person's conviction or admission of an offense listed in subsection (A), but which is not an offense listed in subsection (B), the notice of non-issuance, non-renewal, or revocation shall inform the person of that person's right to request a hearing within 20 days of service of the notice subject to the conditions set forth in subsection (D).

D. The Board shall prohibit from employment at a public school a non-certificated individual who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any of the criminal offenses in this state or similar offenses in another jurisdiction listed in subsections (A)(1) through (44).

E. Upon notification by the clerk of the court, magistrate or court of competent jurisdiction, the Board shall immediately and permanently prohibit a non-certificated individual from employment at a public school if the individual has been convicted of any offense listed in subsections B(1) through (7).

D. Notwithstanding subsection (A), the Board may allow a non-certificated individual to be employed at a school district or charter school or may issue, renew, or not revoke the certificate or certificates of a person who has been convicted of an offense or offenses listed in subsection (A), but which is not an offense listed in subsection (B), if, at a hearing before the PPAC held pursuant to Article 7, the PPAC finds that at least one of the following conditions is met:

1. The individual was previously reviewed, investigated, or disciplined by the Board for the conviction or convictions prior to the implementation of R7-2-1307 on March 27, 2019; or

2. The individual has provided evidence consisting of certified copies of police reports, court orders, or other official records related to the conviction or convictions that demonstrate that all of the following are true:

a. The criminal offense or offenses did not involve a minor and

b. The criminal offense or offenses was originally a misdemeanor or reduced to a misdemeanor or the judgment of guilt has been set aside, vacated, expunged, or pardoned.

E. At the hearing described in subsection (D), the individual shall present, and the PPAC hall consider evidence that the individual meets the conditions set forth in subsection (D). PPAC shall also consider mitigating and aggravating factors surrounding the conviction or convictions at issue, factors bearing on the individual's fitness as an educator, other allegations of unprofessional or immoral conduct, or any other criminal activity.

F. The criminal offenses set forth in subsection (A) constitute immoral or unprofessional conduct in addition to the acts set forth in R7-2-1308.

Notes

Ariz. Admin. Code § R7-2-1307

Adopted effective December 4, 1998 (Supp. 98-4). Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021. Amended by final exempt rulemaking at 31 A.A.R. 1968, effective 9/14/2024.