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DAR File No. 32735

This filing was published in the 07/01/2009, issue, Vol. 2009, No. 13, of the Utah State Bulletin.

Education, Administration

R277-516

Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees

NOTICE OF PROPOSED RULE

DAR File No.: 32735
Filed: 06/15/2009, 02:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide procedures for requiring licensed public education employees to report certain types of arrests to employers and to require school districts and charter schools to have periodic background check and arrest-reporting policies for non-licensed public education employees. This rule is prompted by a legislative audit.

Summary of the rule or change:

This new rule provides definitions, provides standards and procedures requiring licensed public education employees to report specific arrests, provides standards and procedures for non-licensed public education employees to be subject to background checks and report arrests, provides for public education employer responsibilities upon receipt of arrest information from employees, and provides for Utah State Office of Education review of arrest/conviction information from licensed educators.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-301(3)(a), 53A-1-301(3)(d)(x), and 53A-1-402(1)(a)(i) and (iii)

Anticipated cost or savings to:

the state budget:

There are no additional costs or savings to the state budget. Although the requirements of this rule will significantly increase the Professional Practices staff workload at the Utah State Office of Education, the current intention is that additional workload will be handled by existing staff within existing budgets.

local governments:

There may be increased costs to school districts and charter schools because of the increased background check requirements of this rule. Local school boards and charter school governing boards will determine responsibility for payment for background checks within their policies. Costs for school districts/charter schools are too speculative to determine at this time.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. This new rule is applicable to public education employees.

Compliance costs for affected persons:

There may be compliance costs for affected persons as they comply with the requirements of this rule in reporting arrests and submitting to background checks. Costs are too speculative to determine at this time.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-516. Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees.

R277-516-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Licensed educator" means an individual who holds a valid Utah educator license and has satisfied all requirements to be a licensed educator in the Utah public school system (examples are traditional public school teachers, charter school teachers, school administrators, USOE and school district specialists). A licensed educator may or may not be employed in a position that requires an educator license. Licensed educators include individuals who are student teaching, who are in alternative routes to licensing programs or positions and individuals who hold district- or charter school-specific licenses.

C. "Public education employer" means the education entity that hires and employs an individual, including public school districts, the Utah State Office of Education, Regional Service Centers, and charter schools.

D. "USOE" means the Utah State Office of Education.

 

R277-516-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests the general control and supervision of the public schools in the Board, by Sections 53A-1-301(3)(a) and 53A-1-301(3)(d)(x) which instructs the State Superintendent of Public Instruction (Superintendent) to perform duties assigned by the Board that include presenting to the Governor and the Legislature each December a report of the public school system for the preceding year that includes investigation of all matters pertaining to the public schools, and statistical and financial information about the school system which the Superintendent considers pertinent; and by Sections 53A-1-402(1)(a)(i) and (iii) which direct the Board to establish rules and minimum standards for the public schools regarding the qualification and certification of educators and ancillary personnel who provide direct student services, and the evaluation of instructional personnel.

B. The purpose of this rule is ensure that all students who are compelled by law to attend public schools, subject to release from school attendance consistent with Section 53A-11-102, are instructed and served by public school teachers and employees who have not violated laws that would endanger students in any way.

 

R277-516-3. Licensed Public Education Employee Personal Reporting of Arrests.

A. A licensed educator who is arrested for the following alleged offenses shall report the arrest within 48 hours or as soon as possible to the licensed educator's district superintendent, charter school director or designee:

(1) any matters involving arrests for alleged sex offenses;

(2) any matters involving arrests for alleged drug-related offenses;

(3) any matters involving arrests for alleged alcohol-related offenses; and

(4) any matters involving arrests for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.

B. A licensed educator shall report convictions, including pleas in abeyance and diversion agreements within 48 hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance or diversion agreement.

C. The district superintendent, charter school director or designee shall report conviction, arrest or offense information received from licensed educators to the USOE within 48 hours of receipt of information from licensed educators. The USOE shall develop an electronic reporting process on the USOE website.

D. The licensed educator shall report for work following the arrest and notice to the employer unless directed not to report for work by the employer, consistent with school district or charter school policy.

 

R277-516-4. Non-licensed Public Education Employee Background Check Policies.

A. School districts and charter schools shall adopt policies for non-licensed public education employee background checks that include at least the following components:

(1) periodic background checks of non-licensed employees;

(2) non-licensed employees shall submit to criminal background checks at least every six years;

C. School district and charter school policies shall determine the background check process necessary based on the non-licensed employee's assignment.

D. School districts and charter schools shall submit to the Utah Department of Public Safety a complete list of non-licensed employees including names, dates of birth, and social security numbers.

 

R277-516-5. Non-licensed Public Education Employee Arrest Reporting Policy Required from School Districts and Charter Schools.

A. School districts/charter schools shall have a policy requiring reporting of designated offenses by non-licensed public employees and all employees who drive motor vehicles as an employment responsibility.

B. School districts/charter schools shall have an employee reporting policy for non-licensed employees adopted in an open board meeting no later than September 15, 2009. The policy shall be available on the school district/charter school website or provided to the USOE or both.

C. The policy shall include the following minimum components:

(1) reporting of the following:

(a) convictions, including pleas in abeyance and diversion agreements;

(b) any matters involving arrests for alleged sex offenses;

(c) any matters involving arrests for alleged drug-related offenses;

(d) any matters involving arrests for alleged alcohol-related offenses; and

(e) any matters involving arrests for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.

(2) a timeline for receiving reports required under R277-516-3B from licensed educators who drive as an employment assignment and from other non-licensed public education employees;

(3) immediate suspension from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation;

(4) immediate suspension from transporting students or public education vehicle operation or maintenance for alleged offenses involving alcohol or drugs during the period of investigation;

(5) adequate due process for the accused employee consistent with Section 53A-3-410(10);

(6) a process to review arrest information and make employment decisions that protect both the safety of students and the confidentiality and due process rights of employees;

(7) timelines and procedures for maintaining records of arrests and convictions of non-licensed public education employees. Records shall:

(a) include final administrative determinations and actions following investigation; and

(b) be maintained only as necessary to protect the safety of students and with strict requirements for the protection of confidential employment information.

 

R277-516-6. Public Education Employer Responsibilities Upon Receipt of Arrest Information from Employees.

A. A public education employer that receives arrest information about a licensed public education employee shall review arrest information and assess the employment status consistent with Section 53A-6-501, R277-515, and the school district/charter school's policy.

B. A public education employer that receives arrest information about a non-licensed public education employee shall review arrest information and assess the employee's employment status considering the non-licensed public education employee's assignment and consistent with a local board-approved policy for ethical behavior of non-licensed employees.

C. A local board shall provide appropriate training to non-licensed public education employees about the provisions of the local board's policy for self-reporting and ethical behavior of non-licensed public education employees.

D. A public education employer shall cooperate with the USOE in investigations of licensed educators.

 

R277-516-7. USOE Responsibility for Review of Arrest/Conviction Information from Licensed Educators.

A. The USOE shall review reports from licensed educators in a timely manner.

B. The USOE shall investigate information received from educators under this rule consistent with procedures under Section 53A-6-401 and R686-100.

C. The USOE shall cooperate with school districts/charter schools in the investigative and disciplinary process.

 

KEY: school employees, self reporting

Date of Enactment or Last Substantive Amendments: 2009

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-301(3)(a); 53A-1-301(3)(d)(x); 53A-1-402(1)(a)(i); 53A-1-402(1)(a)(iii)

 

 

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

Last modified:  07/14/2009 6:56 PM