Professional teaching standards board-teacher certification.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0108

ENROLLED ACT NO. 42, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

AN ACT relating to
teacher certification;
requiring criminal history record check
for
certification
issuance
or upon the request of the school district
;
providing for denial and refusal to renew; clarifying conditions for removal or nonrenewal;

providing for
reporting to local district boards as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S.
7
‑
19
‑
106(a) by creating a new paragraph (xxvi), 7
‑
19
‑
201(a)(iii)
,

21
‑
2
‑
802
(c) and
(e)(intro)
and 21-3-111(a) by creating a new paragraph (xxi)

are
amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xxvi)

The Wyoming professional teaching standards board for purposes of obtaining background information on applications for certification and
if requested by a school district
,

to school district boards of trustees for obtaining background information on employees who may have access to minors in the course of employment.

7
‑
19
‑
201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(iii)

Applicants for initial certification by the professional teaching standards board
and
employees initially hired by a school district on or after July 1, 1996, who may have access to minors in the course of their employment
. In accordance with W.S. 21
‑
3
‑
111(a) (xxi), employees of a school district who meet the qualifications of this paragraph shall also be required to submit to fingerprinting for purposes of this subsection upon request of, and payment of applicable fees by, the employing school district
;

21
‑
2
‑
802.

Powers and duties; teacher certification; suspension and revocation; certification fees; disposition of collected fees; required data submissions to department of education.

(c)

The board may revoke
,

or

suspend
, deny or refuse to renew
certification for incompetency, conviction of a felony committed after July l, l996, immorality and other reprehensible conduct
or
gross
neglect of duty

or knowing misrepresentation of information on an application or resume
, upon its own motion or upon the petition of any local board of trustees.

Except as provided in subsection (h) of this section, no certificate shall be revoked or suspended without a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing.

(e)

No certification shall be issued under this section until a criminal history background check has been filed with and received by the board
, the applicant provides a release of information and the applicant
consents to the release of any criminal history information to the board and if applicable, to the employing school district. Upon receipt of a background report pursuant to this subsection
indicating that the applicant has
a
conviction equal to a
felony
under Wyoming law
or any conviction for an act
which would constitute a violation under chapter

2
or
chapter 4
of title
6
of the Wyoming statutes
,
the board shall
immediately
provide a copy of the report to the employing local school board if the information involves a certified individual employed by that local board

and if the local board has requested a copy of the report
.

For all persons seeking initial certification under this section
on or after July 1, 1996:

21
‑
3
‑
111.

Powers of boards of trustees.

(a)

The board of trustees in each school district within the state may:

(xxi)

R
equest the fingerprints of any employee initially hired by a school district on or after July 1, 1996, who may have access to minors in the course of the employee's employment, as provided by W.S. 7
‑
19
‑
106(a)(xxvi) and 7
‑
19
‑
210(a)(iii). The school district shall pay for the costs associated with the request.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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