H.B. 300

1

EDUCATOR BACKGROUND CHECK
2 AMENDMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Jeff Alexander
6 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT THE LAW
7 ENFORCEMENT AND TECHNICAL SERVICES DIVISION OF THE DEPARTMENT OF
8 PUBLIC SAFETY RELEASE TO THE STATE OFFICE OF EDUCATION S [ ALL ] s
9 INFORMATION RECEIVED IN RESPONSE TO REQUESTS FOR CRIMINAL
10 BACKGROUND CHECKS ON APPLICANTS FOR CERTIFICATION; AND MAKING
11 CERTAIN TECHNICAL CHANGES.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 53A-6-103, as last amended by Chapter 234, Laws of Utah 1993
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 53A-6-103 is amended to read:
17 53A-6-103. Qualifications of applicants for certificates -- Changes in qualifications
18 -- Criminal background check.
19 (1) The State Board of Education shall establish the scholarship, training, and experience
20 required of applicants for certificates.
21 (2) (a) The board shall announce any increase in the requirements when made[, and they].
22 (b) The requirements shall become effective not less than one year from the date of the
23 announcement.
24 (3) The board may determine by examination or otherwise the qualifications of applicants
25 for certificates.
26 (4) (a) (i) The State Office of Education, hereafter referred to as "office," shall require an
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Amend on 3_goldenrod March 3, 1998 27 applicant for certification to submit to a criminal background check as a condition for certification.

1 (ii) As used in [this section] Subsection (4)(a)(i), certification includes reinstatement of
2 a lapsed, suspended, or revoked certificate.
3 (b) (i) The office shall establish a procedure for fingerprinting the applicant and submitting
4 the prints to the Law Enforcement and Technical Services Division of the Department of Public
5 Safety for checking against applicable state, regional, and national criminal records files.
6 (ii) The Law Enforcement and Technical Services Division shall release to the office the
7 [applicant's record of all criminal convictions] information received in response.
8 (c) An applicant shall have opportunity to respond to any information received as a result
9 of the background check.
10 (d) (i) In preparing recommendations concerning certification for submission to the state
11 board, the office shall consider only S [those [convictions] matters which are relevant to the level
11a of] THE FOLLOWING MATTERS TO THE EXTENT THAT THEY ARE RELEVANT TO THE s
12 certification sought by the applicant S [.]
12a (A) CONVICTIONS;
12b (B) ANY MATTERS INVOLVING AN ALLEGED SEXUAL OFFENSE;
12c (C) ANY MATTERS INVOLVING AN ALLEGED FELONY OR CLASS A MISDEMEANOR DRUG
12d OFFENSE;
12e (D) ANY MATTERS INVOLVING AN ALLEGED OFFENSE AGAINST THE PERSON UNDER TITLE
12f 76 CHAPTER 5;
12g (E) ANY MATTERS INVOLVING A FELONY OR CLASS A MISDEMEANOR PROPERTY OFFENSE
12h ALLEGED TO HAVE OCCURRED WITHIN THE PREVIOUS THREE YEARS; AND
12i (F) ANY MATTERS INVOLVING ANY OTHER TYPE OF CRIMINAL OFFENSE IF MORE THAN
12j ONE OCCURRENCE OF THE SAME TYPE OF OFFENSE IS ALLEGED TO HAVE TAKEN PLACE WITHIN
12k THE PREVIOUS EIGHT YEARS. s
13 (ii) This Subsection (4)(d) applies to [convictions] matters occurring both before and after
14 the effective date of this Subsection (4)(d).
15 (e) If a recommendation is made for denial of certification because of information obtained
16 through a criminal background check, the person shall receive written notice of the reasons for the
17 recommendation and have an opportunity to respond in accordance with procedures set forth [in
18 Title 63, Chapter 46b, Administrative Procedures Act] under rules of the Professional Practices
19 Advisory Commission.
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Amend on 3_goldenrod March 3, 1998 - 2 -

20 (f) Information obtained under this section is confidential and may only be disclosed as
21 provided in this part.
22 (g) The applicant shall pay the costs of conducting the background check.




Legislative Review Note
as of 12-16-97 3:27 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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Amend on 3_goldenrod March 3, 1998 - 2a -