Education, Administration

Rule R277-516

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 33052
Filed: 10/14/2009 02:53:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide new language clarifying that the Utah State Office of Education (USOE) will review background check information only for licensed educators. New definitions used within the new language have also been added to the rule.

Summary of the rule or change:

The amended rule provides new definitions and changes the language to clarify the process for USOE responsibility for review of arrest/conviction information for licensed educators.

State statutory or constitutional authorization for this rule:

• Subsections 53A-1-401(1)(a)(i) and (iii)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes simply clarify the process for USOE review of arrest/conviction information. The Utah State Office of Education will carry out the review within existing staff and budgets.

local governments:

There are no anticipated costs or savings to local government. The changes simply clarify the process for USOE review of arrest/conviction information.

small businesses:

There are no anticipated costs or savings to small businesses. The changes simply clarify the process for USOE review of arrest/conviction information and do not involve businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small business, businesses, or local government entities. The changes simply clarify the process for USOE review of arrest/conviction information.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes simply clarify the process for USOE review of arrest/conviction information.

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.

Larry K. Shumway, State Superintendent

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:

12/01/2009

This rule may become effective on:

12/08/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

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. "Computer Aided Credentials of Teachers in Utah System (CACTUS)" means the database maintained on all licensed Utah educators. The database includes information such as:

(1) personal directory information;

(2) educational background;

(3) endorsements;

(4) employment history;

(5) professional development information;

(6) completion of employee background checks; and

(7) a record of disciplinary action taken against the educator.

C. "DPS" means the Department of Public Safety.

[B]D. "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]E. "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]F. "USOE" means the Utah State Office of Education.

 

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

[D]C. 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]from 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.

 

R277-516-7. USOE Responsibility for Review of Arrest/Conviction Information [from Licensed Educators]Regarding Current or Prospective Licensees .

A. The USOE shall review self-disclosure reports received from [licensed educators]public education employers who received the information from licensed educators pursuant to this rule, or reports from DPS regarding arrests/convictions of current or prospective licensees 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.]B. The USOE shall:

(1) require the current or prospective licensee to immediately submit his fingerprints to DPS for a background check;

(2) place a flag on the licensee's CACTUS file indicating a background check issue;

(3) evaluate, after consultation with the public education employer and consistent with procedures under Section 53A-6-401 and R686-100, for potential licensing action.

 

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)