Title 53A State System of Public Education
Chapter 1a Utah Strategic Planning Act for Educational Excellence
Section 512.5 Criminal background checks on school personnel -- Notice -- Payment of cost -- Request for review.
53A-1a-512.5. Criminal background checks on school personnel -- Notice --
Payment of cost -- Request for review.
(1) The chief administrative officer of a charter school:
(a) shall require a potential employee or a volunteer who will be given significant
unsupervised access to a student in connection with the volunteer's assignment to submit to a
criminal background check as a condition for employment or appointment; and
(b) where reasonable cause exists, may require an existing employee or volunteer to
submit to a criminal background check.
(2) The applicant, volunteer, or employee shall receive written notice that the
background check has been requested.
(3) (a) Fingerprints of the individual shall be taken, and the Criminal Investigations and
Technical Services Division of the Department of Public Safety, established in Section
53-10-103, shall release the individual's full record of criminal convictions to the administrator
requesting the information.
(b) The division shall maintain a separate file of fingerprints submitted under Subsection
(3)(a) and notify the State Office of Education when a new entry is made against a person whose
fingerprints are held in the file regarding:
(i) any matters involving an alleged sexual offense;
(ii) any matters involving an alleged felony or class A misdemeanor drug offense; or
(iii) any matters involving an alleged offense against the person under Title 76, Chapter
5, Offenses Against the Person.
(c) The cost of maintaining the separate file shall be paid by the State Office of
Education from fees charged to those submitting fingerprints.
(4) The chief administrative officer or governing body of a charter school shall consider
only those convictions which are job-related in deciding whether to employ, appoint, or dismiss
an employee, applicant, or volunteer.
(5) (a) The charter school shall pay the cost of the background check, except as otherwise
provided in Subsection (5)(b), and the monies collected shall be credited to the Criminal
Investigations and Technical Services Division to offset its expenses.
(b) The charter school may require an applicant to pay the costs of a background check as
a condition for consideration for employment or appointment, if the applicant:
(i) has passed an initial review;
(ii) is one of a pool of no more than five candidates for a position; and
(iii) has not been the subject of a criminal background check of similar scope during the
preceding two years that was requested by a potential employer or the State Board of Education.
(6) The Criminal Investigations and Technical Services Division shall, upon request,
seek additional information from regional or national criminal data files in responding to
inquiries under this section.
(7) (a) The applicant, volunteer, or employee shall have the opportunity to respond to any
information received as a result of the background check.
(b) A charter school shall resolve any request for review by an applicant, volunteer, or
employee seeking employment or employed by the charter school through normal administrative
procedures established by the charter school.
(8) If a person is denied employment or is dismissed from employment because of
information obtained through a criminal background check, the person shall receive written
notice of the reasons for denial or dismissal and have an opportunity to respond to the reasons
under the procedures set forth in Subsection (7).
(9) Information obtained under this part is confidential and may only be disclosed as
provided in this section.
Enacted by Chapter 199, 2003 General Session
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