53A-3-410 - Criminal background checks on school personnel -- Notice -- Payment of costs -- Request for review.
53A-3-410. Criminal background checks on school personnel -- Notice -- Paymentof costs -- Request for review.
(1) As used in this section:
(a) "Administrator" means an administrator at a school district, charter school, or privateschool that requests the Criminal Investigations and Technical Services Division of theDepartment of Public Safety to conduct a criminal background check on an applicant oremployee.
(b) "Applicant" means a person under consideration for:
(i) an offer of employment at a school district, charter school, or private school; or
(ii) appointment as a volunteer for a school district, charter school, or private school whowill be given significant unsupervised access to a student in connection with the volunteer'sassignment.
(c) "Contract employee" means an employee of a staffing service who works at a publicor private school under a contract between the staffing service and a school district, charterschool, or private school.
(d) "Division" means the Criminal Investigations and Technical Services Division of theDepartment of Public Safety.
(2) A school district superintendent, the superintendent's designee, or the chiefadministrative officer of a charter school:
(a) shall require an applicant to submit to a criminal background check as a condition foremployment or appointment;
(b) shall require an employee to periodically submit to a criminal background check inaccordance with rules of the State Board of Education or policies of the local school board orcharter school governing board; and
(c) where reasonable cause exists, may require an existing employee or volunteer tosubmit to a criminal background check.
(3) The chief administrative officer of a private school may require, and the chiefadministrative officer of a private school that enrolls scholarship students under Chapter 1a, Part7, Carson Smith Scholarships for Students with Special Needs Act, shall require:
(a) an applicant to submit to a criminal background check as a condition for employmentor appointment; and
(b) where reasonable cause exists, an existing employee or volunteer to submit to acriminal background check.
(4) An applicant, volunteer, or employee shall receive written notice that a criminalbackground check has been requested.
(5) (a) (i) Fingerprints of the applicant, volunteer, or employee shall be taken, and theCriminal Investigations and Technical Services Division of the Department of Public Safety,established in Section 53-10-103, shall release the applicant's, volunteer's, or employee's fullcriminal history record to the administrator requesting the information.
(ii) The division shall maintain a separate file of fingerprints submitted under Subsection(5)(a)(i) and notify the administrator when a new entry is made against an employee or volunteerwhose fingerprints are held in the file regarding:
(A) any matters involving an alleged sexual offense;
(B) any matters involving an alleged drug-related offense;
(C) any matters involving an alleged alcohol-related offense; or
(D) any matters involving an alleged offense against the person under Title 76, Chapter5, Offenses Against the Person.
(iii) The cost of maintaining the separate file shall be paid by the school district, charterschool, or private school from fees charged to those submitting fingerprints.
(b) Information received by the division from entities other than agencies or politicalsubdivisions of the state may not be released to a private school unless the release is permissibleunder applicable laws or regulations of the entity providing the information.
(6) The superintendent, local school board, or their counterparts at a charter school orprivate school shall consider only those convictions, pleas in abeyance, or arrests which arejob-related for the employee, applicant, or volunteer.
(7) (a) A school district, charter school, or private school may require an applicant to paythe costs of a background check as a condition for consideration for employment or appointment,if the applicant:
(i) has passed an initial review; and
(ii) is one of a pool of no more than five candidates for a position.
(b) A school district or charter school may require an employee to pay the cost of aperiodic criminal background check required pursuant to rules of the State Board of Education orpolicies of the local school board or charter school governing board.
(8) The Criminal Investigations and Technical Services Division shall, upon request,seek additional information from regional or national criminal data files in responding toinquiries under this section.
(9) (a) An applicant, volunteer, or employee shall have an opportunity to respond to anyinformation received as a result of a criminal background check.
(b) A public agency shall resolve any request for review by an applicant, volunteer, oremployee through administrative procedures established by the agency.
(10) (a) If a person is denied employment or is dismissed from employment because ofinformation obtained through a criminal background check, the person shall receive writtennotice of the reasons for denial or dismissal and have an opportunity to respond to the reasons.
(b) A school district or charter school shall resolve any request for a review of a denial ofor dismissal from employment through administrative procedures established by the schooldistrict or charter school.
(11) Information obtained under this part is confidential and may only be disclosed asprovided in this section.
(12) (a) A school district, charter school, or private school that enrolls scholarshipstudents under Chapter 1a, Part 7, Carson Smith Scholarships for Students with Special NeedsAct, may contract with a staffing service to provide a contract employee if:
(i) the school district, charter school, or private school requests the CriminalInvestigations and Technical Services Division of the Department of Public Safety to conduct acriminal background check on the contract employee that is placed at the school district, charterschool, or private school;
(ii) fingerprints of the contract employee are submitted to the division;
(iii) the division releases the contract employee's full criminal history record to theschool district, charter school, or private school requesting the criminal background check; and
(iv) the school district, charter school, or private school requesting the criminalbackground check determines whether the contract employee is suitable for employment based
on the standard established in Subsection (6).
(b) The division shall maintain a separate file of fingerprints submitted under Subsection(12)(a) and notify the administrator when a new entry is made against a contract employee whosefingerprints are held in the file regarding a matter listed in Subsection (5)(a)(ii).
(c) A school district, charter school, or private school may require a contract employee topay the costs of a criminal background check, including the costs of the division to maintain thefile required under Subsection (12)(b).
(d) (i) A contract employee who applies for a license issued by the State Board ofEducation shall submit to a criminal background check as provided in Section 53A-6-401.
(ii) A contract employee who works at a public school and does not hold a license issuedby the State Board of Education shall submit to a criminal background check every six years, orwithin a shorter period, if required by rules of the State Board of Education or policies of a localschool board or charter school governing board.
Amended by Chapter 362, 2010 General Session