Utah Code 53G-11-402. Background checks for non-licensed employees, contract employees, volunteers, and charter school governing board members

53G-11-402. Background checks for non-licensed employees, contract employees, volunteers, and charter school governing board members.

(1)

An LEA or qualifying private school shall:

Terms Used In Utah Code 53G-11-402

Bureau: means the Bureau of Criminal Identification within the Department of Public Safety created in Section 53-10-201. See Utah Code 53G-11-401
Contract: A legal written agreement that becomes binding when signed.
Contract employee: means an employee of a staffing service or other entity who works at a public or private school under a contract. See Utah Code 53G-11-401
FBI: means the Federal Bureau of Investigation. See Utah Code 53G-11-401
Non-licensed employee: means an employee of an LEA or qualifying private school that does not hold a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure. See Utah Code 53G-11-401
Personal identifying information: means :

(a)	current name, former names, nicknames, and aliases;

(b)	date of birth;

(c)

address;

(d)	telephone number;

(e)	driver license number or other government-issued identification number;

(f)	social security number; and

(g)

fingerprints. See Utah Code 53G-11-401

Qualifying private school: means a private school that:

(a)	enrolls students under 3; and

(b)

is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. See Utah Code 53G-11-401

(a)

require the following individuals who are 18 years old or older to submit to a nationwide criminal background check and ongoing monitoring as a condition of employment or appointment:

(i)	a non-licensed employee;

(ii)	a contract employee;

(iii)

except for an officer or employee of a cooperating employer under an internship safety agreement under Section 53G-7-904, a volunteer who will be given significant unsupervised access to a student in connection with the volunteer’s assignment; and

(iv)	a charter school governing board member;

(b)

collect the following from an individual required to submit to a background check under Subsection (1)(a):

(i)	personal identifying information;

(ii)	subject to Subsection (2), a fee described in Subsection 53-10-108(15); and

(iii)

consent, on a form specified by the LEA or qualifying private school, for:

(A)	an initial fingerprint-based background check by the FBI and the bureau upon submission of the application; and

(B)	retention of personal identifying information for ongoing monitoring through registration with the systems described in Section 53G-11-404;

(c)

submit the individual’s personal identifying information to the bureau for:

(i)	an initial fingerprint-based background check by the FBI and the bureau; and

(ii)	ongoing monitoring through registration with the systems described in Section 53G-11-404 if the results of the initial background check do not contain disqualifying criminal history information as determined by the LEA or qualifying private school in accordance with Section 53G-11-405; and

(d)	identify the appropriate privacy risk mitigation strategy to be used to ensure the LEA or qualifying private school only receives notifications for individuals with whom the LEA or qualifying private school maintains an authorizing relationship.

(2)

An LEA or qualifying private school may not require an individual to pay the fee described in Subsection (1)(b)(ii) unless the individual:

(a)	has passed an initial review; and

(b)	is one of a pool of no more than five candidates for the position.

(3)	An LEA or qualifying private school that receives criminal history information about a licensed educator under Subsection 53G-11-403(5) shall assess the employment status of the licensed educator as provided in Section 53G-11-405.

(4)	An LEA or qualifying private school may establish a policy to exempt an individual described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if the individual is being temporarily employed or appointed.

Amended by Chapter 527, 2023 General Session

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