DAR File No. 39492
This rule was published in the July 15, 2015, issue (Vol. 2015, No. 14) of the Utah State Bulletin.
Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees
Notice of Proposed Rule
DAR File No.: 39492
Filed: 07/01/2015 11:38:37 AM
Purpose of the rule or reason for the change:
Rule R277-516 is amended in response to H.B. 124 from the 2015 General Session.
Summary of the rule or change:
The amendments to this rule: 1) add and update definitions; 2) provide that local education agencies (LEAs) require employees, volunteers, and charter school governing board members to submit to a background check and ongoing monitoring; 3) provide that LEAs complete a background check and submit for ongoing monitoring all individuals appointed or hired prior to 07/01/2015 by 09/01/2018; 4) provide that the Utah State Board of Education (Board) notify the employing LEA or qualifying private school of a licensed educator of any criminal history information reported to the Board; and 5) provide technical changes as necessary.
State statutory or constitutional authorization for this rule:
- Article X, Section 3
- Subsection 53A-1-301(3)(d)(x)
- Title 53A, Chapter 15, Part 15
- Subsection 53A-1-301(3)(a)
- Subsection 53A-1-402(1)(a)(i)
Anticipated cost or savings to:
the state budget:
The amendments provide for additional processes for background checks and reporting which will likely not result in a cost or savings to the state budget.
There may be some costs to LEAs resulting from the additional background check processes required in this rule. Costs are speculative at this time.
The amendments provide for additional processes for background checks and reporting which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
There may be some costs to individuals resulting from the additional background check processes required in this rule. Costs are speculative at this time.
Compliance costs for affected persons:
The amendments provide for additional processes for background checks and reporting which may result in compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.
Brad C. Smith, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R277. Education, Administration.
R277-516. Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees.
A. "Board" means the Utah State Board of Education.
B]. "Comprehensive Administration of Credentials for
Teachers in Utah Schools (CACTUS)" means the database
maintained on all licensed Utah educators[ . The database] includes information such as:
(1) personal directory information;
(2) educational background;
(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
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
A licensed educator may or may not be employed in a position that requires an educator license.
L]icensed educator[ s] include
individual[ s] who
are] student teaching[ ,]
who are] in
alternative route[ s] to licensing program[ s] or position[ s] [ and]
s] who hold [ district- or charter school]-specific
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.
F]. "USOE" means the Utah State Office of
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)
s] 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
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, cited or charged with the following alleged offenses shall report the arrest, citation, or charge within 48 hours or as soon as possible to the licensed educator's district superintendent, charter school director or designee:
(1) any matters involving an alleged sex offense;
(2) any matters involving an alleged drug-related offense;
(3) any matters involving an alleged alcohol-related offense;
(4) any matters involving an alleged offense against the person under Title 76, Chapter 5, Offenses Against the Person;
(5) any matters involving an alleged felony offense under Title 76, Chapter 6, Offenses Against Property;
(6) any matters involving an alleged crime of domestic violence under Title 77, Chapter 36, Cohabitant Abuse Procedures Act; and
(7) any matters involving an alleged crime under federal law or the laws of another state comparable to the violations listed in R277-516-3A(1)-(6).
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.
The district] superintendent, [ charter school]director or designee shall report conviction, arrest or offense
information received from
licensed educator[ s] to the [ USOE] within 48 hours of receipt of information
licensed educator[ s].
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.
School districts and charter schools] shall adopt
polic[ ies] for non-licensed public education employee background
checks that include at least the following components:
periodic background checks of non-licensed
non-licensed employees shall submit to criminal background
checks at least every six years;]
School district and charter school] polic[ ies] shall [ determine] the background check process necessary based on the
[ non-licensed employee's assignment].
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
R277-516-5. Non-licensed Public Education Employee
Arrest Reporting Policy Required from [
School Districts and Charter Schools].
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.
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. ] [ T]he policy
[ shall be available ]on the [ school district/charter school] website[ or provided to the USOE or both].
shall include the following minimum
(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 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.
(a) include final administrative determinations and actions following investigation; and
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[
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 [
considering the [
non-licensed public education employee's ] assignment
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 Regarding Current or Prospective
A. The USOE shall review self-disclosure reports received
from 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: (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: [
June 8, ]2015
Notice of Continuation: June 10, 2014
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)
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.