Representative Stephen G. Handy proposes the following substitute bill:


1     
EDUCATION BACKGROUND CHECK AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions regarding criminal background checks.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     clarifies and amends background check provisions for licensed educators and
14     employees or volunteers who work at local education agencies and certain private
15     schools;
16          ▸     amends the Public Safety Code to allow certain qualifying entities to request that
17     the Bureau of Criminal Identification within the Department of Public Safety
18     (bureau) register fingerprints taken for the purpose of conducting a criminal
19     background check with certain systems;
20          ▸     amends background check provisions for charter school governing board members;
21          ▸     requires an entity that is authorized to request a background check under the
22     provisions of this bill (authorized entity) to register fingerprints of certain
23     individuals with certain systems for ongoing monitoring;
24          ▸     requires the bureau to notify an authorized entity when a new entry is made against
25     an individual whose fingerprints are registered with certain systems regarding any

26     alleged offense or a conviction, including a plea in abeyance;
27          ▸     removes the requirement that a local education agency or qualifying private school
28     require certain individuals to periodically submit to a criminal background check;
29          ▸     provides that authorized entities may only consider certain offenses when making
30     employment, appointment, or licensing decisions;
31          ▸     requires certain individuals to self-report criminal history information to authorized
32     entities in accordance with rules established by the State Board of Education;
33          ▸     requires the State Board of Education and the bureau to collaborate to provide
34     training to authorized entities;
35          ▸     requires the State Board of Education to update certain rules;
36          ▸     requires a local school board or charter school governing board to update certain
37     policies;
38          ▸     requires the Legislative Auditor General to issue a report; and
39          ▸     makes technical and conforming changes.
40     Money Appropriated in this Bill:
41          None
42     Other Special Clauses:
43          This bill provides a special effective date.
44     Utah Code Sections Affected:
45     AMENDS:
46          53-10-108, as last amended by Laws of Utah 2014, Chapters 79 and 377
47          53A-1a-504, as repealed and reenacted by Laws of Utah 2014, Chapter 363
48          53A-1a-512.5, as repealed and reenacted by Laws of Utah 2010, Chapter 362
49          53A-1a-705, as last amended by Laws of Utah 2009, Chapter 197
50          53A-6-104.1, as enacted by Laws of Utah 2008, Chapter 145
51          53A-6-104.5, as last amended by Laws of Utah 2004, Chapter 19
52          53A-6-109, as repealed and reenacted by Laws of Utah 1999, Chapter 108
53          53A-6-306, as last amended by Laws of Utah 2010, Chapter 283
54          53A-6-403, as enacted by Laws of Utah 1999, Chapter 108
55          53A-6-404, as last amended by Laws of Utah 2000, Chapter 103
56          53A-29-104, as enacted by Laws of Utah 1996, Chapter 73

57          53B-16-404, as enacted by Laws of Utah 1996, Chapter 73
58          78A-6-1105, as last amended by Laws of Utah 2009, Chapter 148
59     ENACTS:
60          53A-15-1501, Utah Code Annotated 1953
61          53A-15-1502, Utah Code Annotated 1953
62          53A-15-1503, Utah Code Annotated 1953
63          53A-15-1504, Utah Code Annotated 1953
64          53A-15-1505, Utah Code Annotated 1953
65          53A-15-1506, Utah Code Annotated 1953
66          53A-15-1507, Utah Code Annotated 1953
67          53A-15-1508, Utah Code Annotated 1953
68          53A-15-1509, Utah Code Annotated 1953
69          53A-15-1510, Utah Code Annotated 1953
70     REPEALS AND REENACTS:
71          53A-6-401, as last amended by Laws of Utah 2010, Chapter 362
72     REPEALS:
73          53A-3-410, as last amended by Laws of Utah 2010, Chapter 362
74     

75     Be it enacted by the Legislature of the state of Utah:
76          Section 1. Section 53-10-108 is amended to read:
77          53-10-108. Restrictions on access, use, and contents of division records -- Limited
78     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
79     -- Missing children records -- Penalty for misuse of records.
80          (1) As used in this section:
81          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
82     Bureau of Investigation.
83          (b) "Rap back system" means a system that enables authorized entities to receive
84     ongoing status notifications of any criminal history reported on individuals whose fingerprints
85     are registered in the system.

86          (c) "WIN Database" means the Western Identification Network Database that consists
87     of eight western states sharing one electronic fingerprint database.


88          [(1)] (2) Dissemination of information from a criminal history record or warrant of
89     arrest information from division files is limited to:
90          (a) criminal justice agencies for purposes of administration of criminal justice and for
91     employment screening by criminal justice agencies;
92          (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
93     executive order, court rule, court order, or local ordinance;
94          (c) agencies or individuals for the purpose of obtaining required clearances connected
95     with foreign travel or obtaining citizenship;
96          (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
97     agency to provide services required for the administration of criminal justice; and
98          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
99     purposes for which given, and ensure the security and confidentiality of the data;
100          (e) agencies or individuals for the purpose of a preplacement adoptive study, in
101     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
102          (f) (i) agencies and individuals as the commissioner authorizes for the express purpose
103     of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
104     agency; and
105          (ii) private security agencies through guidelines established by the commissioner for
106     employment background checks for their own employees and prospective employees;
107          (g) a qualifying entity for employment background checks for their own employees and
108     persons who have applied for employment with the qualifying entity; and
109          (h) other agencies and individuals as the commissioner authorizes and finds necessary
110     for protection of life and property and for offender identification, apprehension, and
111     prosecution pursuant to an agreement.
112          [(2)] (3) An agreement under Subsection [(1)] (2)(f) or [(1)] (2)(h) shall specifically
113     authorize access to data, limit the use of data to research, evaluative, or statistical purposes,
114     preserve the anonymity of individuals to whom the information relates, and ensure the
115     confidentiality and security of the data.
116          [(3)] (4) (a) Before requesting information under Subsection [(1)] (2)(g), a qualifying
117     entity must obtain a signed waiver from the person whose information is requested.
118          (b) The waiver must notify the signee:

119          (i) that a criminal history background check will be conducted;
120          (ii) who will see the information; and
121          (iii) how the information will be used.
122          (c) Information received by a qualifying entity under Subsection [(1)] (2)(g) may only
123     be:
124          (i) available to persons involved in the hiring or background investigation of the
125     employee; and
126          (ii) used for the purpose of assisting in making an employment or promotion decision.
127          (d) A person who disseminates or uses information obtained from the division under
128     Subsection [(1)] (2)(g) for purposes other than those specified under Subsection [(3)] (4)(c), in
129     addition to any penalties provided under this section, is subject to civil liability.
130          (e) A qualifying entity that obtains information under Subsection [(1)] (2)(g) shall
131     provide the employee or employment applicant an opportunity to:
132          (i) review the information received as provided under Subsection [(8)] (9); and
133          (ii) respond to any information received.
134          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
135     division may make rules to implement this Subsection [(3)] (4).
136          [(g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $20.]
137          [(ii) The name check fee under Subsection (1)(g) is $15.]
138          [(iii) These fees remain in effect until changed by the division through the process
139     under Section 63J-1-504.]
140          [(iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be
141     deposited in the General Fund as a dedicated credit by the department to cover the costs
142     incurred in providing the information.]
143          [(h)] (g) The division or its employees are not liable for defamation, invasion of
144     privacy, negligence, or any other claim in connection with the contents of information
145     disseminated under Subsection [(1)] (2)(g).
146          [(4)] (5) (a) Any criminal history record information obtained from division files may
147     be used only for the purposes for which it was provided and may not be further disseminated,
148     except under Subsection [(4)] (5)(b), (c), or (d).
149          (b) A criminal history provided to an agency pursuant to Subsection [(1)] (2)(e) may be

150     provided by the agency to the person who is the subject of the history, another licensed
151     child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
152     adoption.
153          (c) A criminal history of a defendant provided to a criminal justice agency under
154     Subsection [(1)] (2)(a) may also be provided by the prosecutor to a defendant's defense
155     counsel, upon request during the discovery process, for the purpose of establishing a defense in
156     a criminal case.
157          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
158     Transit District Act, that is under contract with a state agency to provide services may, for the
159     purposes of complying with Subsection 62A-5-103.5(7), provide a criminal history record to
160     the state agency or the agency's designee.
161          [(5)] (6) The division may not disseminate criminal history record information to
162     qualifying entities under Subsection [(1)] (2)(g) regarding employment background checks if
163     the information is related to charges:
164          (a) that have been declined for prosecution;
165          (b) that have been dismissed; or
166          (c) regarding which a person has been acquitted.
167          [(6)] (7) (a) This section does not preclude the use of the division's central computing
168     facilities for the storage and retrieval of criminal history record information.
169          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
170     unauthorized agencies or individuals.
171          [(7)] (8) Direct access through remote computer terminals to criminal history record
172     information in the division's files is limited to those agencies authorized by the commissioner
173     under procedures designed to prevent unauthorized access to this information.
174          [(8)] (9) (a) The commissioner shall establish procedures to allow an individual right
175     of access to review and receive a copy of the individual's criminal history report.
176          (b) A processing fee for the right of access service, including obtaining a copy of the
177     individual's criminal history report under Subsection [(8)] (9)(a) is $15. This fee remains in
178     effect until changed by the commissioner through the process under Section 63J-1-504.
179          (c) (i) The commissioner shall establish procedures for an individual to challenge the
180     completeness and accuracy of criminal history record information contained in the division's

181     computerized criminal history files regarding that individual.
182          (ii) These procedures shall include provisions for amending any information found to
183     be inaccurate or incomplete.
184          [(9)] (10) The private security agencies as provided in Subsection [(1)] (2)(f)(ii):
185          (a) shall be charged for access; and
186          (b) shall be registered with the division according to rules made by the division under
187     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
188          [(10)] (11) Before providing information requested under this section, the division
189     shall give priority to criminal justice agencies needs.
190          [(11)] (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally
191     access, use, disclose, or disseminate a record created, maintained, or to which access is granted
192     by the division or any information contained in a record created, maintained, or to which access
193     is granted by the division for a purpose prohibited or not permitted by statute, rule, regulation,
194     or policy of a governmental entity.
195          (b) A person who discovers or becomes aware of any unauthorized use of records
196     created or maintained, or to which access is granted by the division shall inform the
197     commissioner and the director of the Utah Bureau of Criminal Identification of the
198     unauthorized use.
199          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
200     Subsection (2)(b) may request that the division register fingerprints taken for the purpose of
201     conducting current and future criminal background checks under this section with:
202          (i) the WIN Database rap back system, or any successor system;
203          (ii) the FBI Rap Back System; or
204          (iii) a system maintained by the division.
205          (b) A qualifying entity or an entity described in Subsection (2)(b) may only make a
206     request under Subsection (13)(a) if the entity:
207          (i) has the authority through state or federal statute or federal executive order;
208          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
209     and
210          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
211     notifications for individuals with whom the entity maintains an authorizing relationship.

212          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
213     be retained in the FBI Rap Back System for the purpose of being searched by future
214     submissions to the FBI Rap Back System, including latent fingerprint searches.
215          (15) (a) (i) The applicant fingerprint card fee under Subsection (2) is $20.
216          (ii) The name check fee under Subsection (2) is $15.
217          (iii) The fee to register fingerprints under Subsection (13)(a)(i) is $5.
218          (iv) The fees described in this Subsection (15)(a) remain in effect until changed by the
219     division through the process under Section 63J-1-504.
220          (b) Funds generated under this Subsection (15) shall be deposited into the General
221     Fund as a dedicated credit by the department to cover the costs incurred in providing the
222     information.
223          (c) The division may collect fees charged by an outside agency for services required
224     under this section.
225          Section 2. Section 53A-1a-504 is amended to read:
226          53A-1a-504. Charter school application -- Applicants -- Contents -- Expansion.
227          (1) (a) An application to establish a charter school may be submitted by:
228          (i) an individual;
229          (ii) a group of individuals; or
230          (iii) a nonprofit legal entity organized under Utah law.
231          (b) An authorized charter school may apply under this chapter for a charter from
232     another charter school authorizer.
233          (2) A charter school application shall include:
234          (a) the purpose and mission of the school;
235          (b) except for a charter school authorized by a local school board, a statement that,
236     after entering into a charter agreement, the charter school will be organized and managed under
237     Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
238          (c) a description of the governance structure of the school, including:
239          (i) a list of the governing board members that describes the qualifications of each
240     member; and
241          (ii) an assurance that the applicant shall, within 30 days of authorization, provide the
242     authorizer with the results of a background check for each member;

243          (d) a description of the target population of the school that includes:
244          (i) the projected maximum number of students the school proposes to enroll;
245          (ii) the projected school enrollment for each of the first three years of school operation;
246     and
247          (iii) the ages or grade levels the school proposes to serve;
248          (e) academic goals;
249          (f) qualifications and policies for school employees, including policies that:
250          (i) [require completion of a] comply with the criminal background check [for teachers]
251     requirements described in Section 53A-1a-512.5;
252          (ii) require employee evaluations; and
253          (iii) address employment of relatives within the charter school;
254          (g) a description of how the charter school will provide, as required by state and federal
255     law, special education and related services;
256          (h) for a public school converting to charter status, arrangements for:
257          (i) students who choose not to continue attending the charter school; and
258          (ii) teachers who choose not to continue teaching at the charter school;
259          (i) a statement that describes the charter school's plan for establishing the charter
260     school's facilities, including:
261          (i) whether the charter school intends to lease or purchase the charter school's facilities;
262     and
263          (ii) financing arrangements;
264          (j) a market analysis of the community the school plans to serve;
265          (k) a capital facility plan;
266          (l) a business plan;
267          (m) other major issues involving the establishment and operation of the charter school;
268     and
269          (n) the signatures of the governing board members of the charter school.
270          (3) A charter school authorizer may require a charter school application to include:
271          (a) the charter school's proposed:
272          (i) curriculum;
273          (ii) instructional program; or

274          (iii) delivery methods;
275          (b) a method for assessing whether students are reaching academic goals, including, at
276     a minimum, participation in the Utah Performance Assessment System for Students under
277     Chapter 1, Part 6, Achievement Tests;
278          (c) a proposed calendar;
279          (d) sample policies;
280          (e) a description of opportunities for parental involvement;
281          (f) a description of the school's administrative, supervisory, or other proposed services
282     that may be obtained through service providers; or
283          (g) other information that demonstrates an applicant's ability to establish and operate a
284     charter school.
285          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
286     State Board of Education shall make rules regarding the expansion of a charter school,
287     including establishing a satellite campus, that provide:
288          (a) requirements for a charter school to apply and qualify for expansion; and
289          (b) procedures and deadlines for the application process.
290          Section 3. Section 53A-1a-512.5 is amended to read:
291          53A-1a-512.5. Criminal background checks on school personnel.
292          The following individuals are required to submit to a criminal background check and
293     ongoing monitoring as provided in Section [53A-3-410] 53A-15-1503:
294          (1) an employee of a charter school who does not hold a current Utah educator license
295     issued by the State Board of Education under Title 53A, Chapter 6, Educator Licensing and
296     Professional Practices Act
;
297          (2) a volunteer for a charter school who is given significant unsupervised access to a
298     student in connection with the volunteer's assignment; [or]
299          (3) a contract employee, as defined in Section [53A-3-410] 53A-15-1502, who works
300     at a charter school[.]; and
301          (4) a charter school governing board member.
302          Section 4. Section 53A-1a-705 is amended to read:
303          53A-1a-705. Eligible private schools.
304          (1) To be eligible to enroll a scholarship student, a private school shall:

305          (a) have a physical location in Utah where the scholarship students attend classes and
306     have direct contact with the school's teachers;
307          (b) (i) (A) obtain an audit and report from a licensed independent certified public
308     accountant that conforms with the following requirements:
309          (I) the audit shall be performed in accordance with generally accepted auditing
310     standards;
311          (II) the financial statements shall be presented in accordance with generally accepted
312     accounting principles; and
313          (III) the audited financial statements shall be as of a period within the last 12 months;
314     or
315          (B) contract with a licensed independent certified public accountant to perform an
316     agreed upon procedure as follows:
317          (I) the agreed upon procedure shall be to determine that the private school has adequate
318     working capital to maintain operations for the first full year; and
319          (II) working capital shall be calculated by subtracting current liabilities from current
320     assets; and
321          (ii) submit the audit report or report of the agreed upon procedure to the board when
322     the private school applies to accept scholarship students;
323          (c) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
324          (d) meet state and local health and safety laws and codes;
325          (e) disclose to the parent of each prospective student, before the student is enrolled, the
326     special education services that will be provided to the student, including the cost of those
327     services;
328          (f) (i) administer an annual assessment of each scholarship student's academic
329     progress;
330          (ii) report the results of the assessment to the student's parent; and
331          (iii) make the results available to the assessment team evaluating the student pursuant
332     to Subsection 53A-1a-704(6);
333          (g) employ or contract with teachers who:
334          (i) hold baccalaureate or higher degrees;
335          (ii) have at least three years of teaching experience in public or private schools; or

336          (iii) have the necessary special skills, knowledge, or expertise that qualifies them to
337     provide instruction:
338          (A) in the subjects taught; and
339          (B) to the special needs students taught; [and]
340          (h) require the following individuals to submit to a criminal background check and
341     ongoing monitoring, in accordance with Section 53A-15-1503, as a condition for employment
342     or appointment:

343          (i) an employee who does not hold a current Utah educator license issued by the board
344     under Title 53A, Chapter 6, Educator Licensing and Professional Practices Act;

345          (ii) a contract employee; and
346          (iii) a volunteer who is given significant unsupervised access to a student in connection
347     with the volunteer's assignment; and

348          [(h)] (i) provide to parents the relevant credentials of the teachers who will be teaching
349     their students.
350          (2) A private school is not eligible to enroll scholarship students if:
351          (a) the audit report submitted under Subsection (1)(b) contains a going concern
352     explanatory paragraph; or
353          (b) the report of the agreed upon procedure submitted under Subsection (1)(b) shows
354     that the private school does not have adequate working capital to maintain operations for the
355     first full year, as determined under Subsection (1)(b).
356          (3) A home school is not eligible to enroll scholarship students.
357          (4) Residential treatment facilities licensed by the state are not eligible to enroll
358     scholarship students.
359          (5) A private school intending to enroll scholarship students shall submit an application
360     to the board by May 1 of the school year preceding the school year in which it intends to enroll
361     scholarship students.
362          (6) The board shall:
363          (a) approve a private school's application to enroll scholarship students, if the private
364     school meets the eligibility requirements of this section; and
365          (b) make available to the public a list of the eligible private schools.
366          (7) An approved eligible private school that changes ownership shall submit a new

367     application to the board and demonstrate that it continues to meet the eligibility requirements
368     of this section.
369          Section 5. Section 53A-6-104.1 is amended to read:
370          53A-6-104.1. Reinstatement of a license.
371          (1) An educator who previously held a license and whose license has expired may have
372     the license reinstated by:
373          (a) filing an application with the board on the form prescribed by the board;
374          (b) paying the fee required by Section 53A-6-105; and
375          (c) submitting to a criminal background check as required by Section [53A-6-401]
376     53A-15-1504.
377          (2) Upon successful completion of the criminal background check and verification that
378     the applicant's previous license had not been revoked, suspended, or surrendered, the board
379     shall reinstate the license.
380          (3) An educator whose license is reinstated may not be required to obtain professional
381     development not required of other educators with the same number of years of experience,
382     except as provided in Subsection (4).
383          (4) The principal of the school at which an educator whose license is reinstated is
384     employed shall provide information and training, based on the educator's experience and
385     education, that will assist the educator in performing the educator's assigned position.
386          (5) The procedures for reinstating a license as provided in this section do not apply to
387     an educator's license that expires while the educator is employed in a position requiring the
388     license.
389          Section 6. Section 53A-6-104.5 is amended to read:
390          53A-6-104.5. Licensing by competency.
391          (1) A competency-based license to teach may be issued based on the demonstrated
392     competence of a teacher as provided in this section.
393          (2) A local school board or charter school may request, and the State Board of
394     Education shall grant, upon receipt of documentation from the local school board or charter
395     school verifying the person's qualifications as specified in this section, a competency-based
396     license to a person who meets the qualifications specified in this section and submits to a
397     criminal background check as required in Section [53A-6-401] 53A-15-1504.

398          (3) A local school board or charter school may request a competency-based license if
399     the candidate meets the following qualifications:
400          (a) a license candidate who teaches one or more core academic subjects in an
401     elementary school shall:
402          (i) hold at least a bachelor's degree; and
403          (ii) have demonstrated, by passing a rigorous state test, subject knowledge and teaching
404     skills in reading, writing, mathematics, and other areas of the basic elementary school
405     curriculum;
406          (b) a license candidate who teaches one or more core academic subjects in a middle or
407     secondary school shall:
408          (i) hold at least a bachelor's degree; and
409          (ii) have demonstrated a high level of competency in each of the academic subjects in
410     which the teacher teaches by:
411          (A) passing a rigorous state academic subject test in each of the academic subjects in
412     which the teacher teaches; or
413          (B) successful completion, in each of the academic subjects in which the teacher
414     teaches, of an academic major, a graduate degree, course work equivalent to an undergraduate
415     academic major, or advanced certification or credentialing; or
416          (c) a license candidate who teaches subjects other than a core academic subject in an
417     elementary, middle, or high school shall:
418          (i) hold a bachelor's degree, associate's degree, or skill certification; and
419          (ii) have skills, talents, or abilities, as evaluated by the employing entity, that make the
420     person suited for the teaching position.
421          (4) A school district or charter school:
422          (a) shall monitor and assess the performance of each teacher holding a
423     competency-based license; and
424          (b) may recommend that the competency-based license holder's training and
425     assessment be reviewed by the Utah State Office of Education for a level 1 license.
426          Section 7. Section 53A-6-109 is amended to read:
427          53A-6-109. Substitute teachers.
428          (1) A substitute teacher need not hold a license to teach, but school districts are

429     encouraged to hire licensed personnel as substitutes when available.
430          (2) A person must submit to a background check under Section [53A-3-410]
431     53A-15-1503 prior to employment as a substitute teacher.
432          (3) A teacher's position in the classroom may not be filled by an unlicensed substitute
433     [teachers] teacher for more than a total of 20 days during any school year unless licensed
434     personnel are not available.
435          (4) A person who is ineligible to hold a license for any reason other than professional
436     preparation may not serve as a substitute teacher.
437          Section 8. Section 53A-6-306 is amended to read:
438          53A-6-306. Purpose, powers, and duties of UPPAC.
439          (1) UPPAC shall:
440          (a) adopt rules consistent with applicable law and board rules to carry out its
441     responsibilities under this chapter;
442          (b) make recommendations to the board and professional organizations of educators:
443          (i) concerning standards of professional performance, competence, and ethical conduct
444     for persons holding licenses issued by the board; and
445          (ii) for the improvement of the education profession;
446          (c) establish procedures for receiving and acting upon reports or allegations regarding
447     immoral, unprofessional, or incompetent conduct, unfitness for duty, or other violations of
448     standards of ethical conduct, performance, or professional competence;
449          (d) investigate any allegation of sexual abuse of a student or a minor by an educator;
450     and
451          (e) establish the manner in which hearings are conducted and reported, and
452     recommendations are submitted to the board for its action.
453          (2) (a) UPPAC may conduct or authorize investigations relating to any matter before
454     UPPAC.
455          (b) Those investigations shall be independent of and separate from any criminal
456     investigation.
457          (c) In conducting an investigation UPPAC or an investigator operating under UPPAC
458     authorization may:
459          (i) administer oaths and issue subpoenas which may be enforced through the state

460     district courts;
461          (ii) receive any evidence related to an alleged offense, including sealed or expunged
462     records released to the board under Section 77-40-109; and
463          (iii) where reasonable cause exists, initiate a criminal background check on a license
464     holder.
465          (d) (i) A license holder shall receive written notice if a fingerprint check is required as
466     a part of the background check.
467          (ii) Fingerprints of the individual shall be taken, and the Law Enforcement and
468     Technical Services Division of the Department of Public Safety shall release the individual's
469     full record, as shown on state, regional, and national records, to UPPAC.
470          (iii) UPPAC shall pay the cost of the background check except as provided under
471     Section [53A-6-401] 53A-15-1504, and the money collected shall be credited to the Law
472     Enforcement and Technical Services Division to offset its expenses.
473          (3) UPPAC is entitled to a rebuttable evidentiary presumption that a person has
474     committed a sexual offense against a minor child if the person has:
475          (a) after having had a reasonable opportunity to contest the allegation, been found
476     pursuant to a criminal, civil, or administrative action to have committed a sexual offense
477     against a minor child;
478          (b) pled guilty to a reduced charge in the face of a charge of having committed a sexual
479     offense against a minor child, entered a plea of no contest, entered into a plea in abeyance
480     resulting in subsequent dismissal of such a charge, or failed to defend himself against such a
481     charge when given reasonable opportunity to do so; or
482          (c) voluntarily surrendered a license or certificate or allowed a license or certificate to
483     lapse in the face of a charge of having committed a sexual offense against a minor child.
484          (4) In resolving a complaint UPPAC may:
485          (a) dismiss the complaint;
486          (b) issue a warning or reprimand;
487          (c) issue an order of probation requiring an educator to comply with specific conditions
488     in order to retain a license;
489          (d) enter into a written agreement requiring an educator to comply with certain
490     conditions;

491          (e) recommend board action such as revocation or suspension of a license or restriction
492     or prohibition of licensure; or
493          (f) take other appropriate action.
494          (5) UPPAC may not:
495          (a) participate as a party in any dispute relating to negotiations between a school
496     district or charter school and its educators;
497          (b) take action against an educator without giving the individual an opportunity for a
498     fair hearing to contest the allegations upon which the action would be based; or
499          (c) take action against an educator unless it finds that the action or the failure of the
500     educator to act impairs the educator's ability to perform the functions of the educator's position.
501          Section 9. Section 53A-6-401 is repealed and reenacted to read:
502          53A-6-401. Background checks.
503          In accordance with Section 53A-15-1504, the State Board of Education shall require a
504     license applicant to submit to a criminal background check and ongoing monitoring as a
505     condition for licensing.
506          Section 10. Section 53A-6-403 is amended to read:
507          53A-6-403. Office tie-in with the Criminal Investigations and Technical Services
508     Division.
509          (1) The office shall:
510          (a) be an online terminal agency with the Department of Public Safety's Criminal
511     Investigations and Technical Services Division under Section 53-10-108; and
512          (b) provide relevant information concerning current or prospective employees or
513     volunteers upon request to other school officials as provided in Section 53A-6-402.
514          (2) The cost of the online service shall be borne by the entity making the inquiry[,
515     using funds available to the entity, which may include funds authorized under Section
516     53A-6-401].
517          Section 11. Section 53A-6-404 is amended to read:
518          53A-6-404. Certification in other jurisdictions -- Impact on licensing in Utah.
519          (1) An applicant for a license, renewal of a license, or reinstatement of a license shall
520     provide the administrator of teacher licensing with an affidavit, stating under oath the current
521     status of any certificate, license, or other authorization required for a professional position in

522     education, which the applicant holds or has held in any other jurisdiction.
523          (2) An applicant for a license who has held a teacher's license in any other jurisdiction
524     or who graduated from an institution of higher education in another state shall also provide the
525     administrator of teacher licensing with:
526          (a) a complete listing of the higher education institutions attended by the applicant,
527     whether the applicant's enrollment or eligibility for completion of a program was terminated by
528     the institution, and, if so, the reasons for termination;
529          (b) a complete list of prior school employers; and
530          (c) a release on a form provided by the administrator permitting the office to obtain
531     records from other jurisdictions and from institutions of higher education attended by the
532     applicant, including expunged or otherwise protected records, relating to any offense described
533     substantially in the same language as in [Subsection 53A-6-401(5)] Section 53A-15-1506.
534          (3) If the applicant's certificate, license, or authorization as an educator in any other
535     jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is
536     currently not valid for any other reason, the office may not grant the requested license, renewal,
537     or reinstatement until it has received confirmation from the administrator of professional
538     certification in that jurisdiction that the applicant would be eligible for certification or licensure
539     in that jurisdiction.
540          (4) The office may not withhold a license for the sole reason that the applicant would
541     be ineligible for certification, licensure, or authorization in the jurisdiction referred to in
542     Subsection (3) because of failure to meet current requirements in that jurisdiction relating to
543     education, time in service, or residence.
544          Section 12. Section 53A-15-1501 is enacted to read:
545     
Part 15. Background Checks

546          53A-15-1501. Title.
547          This part is known as "Background Checks."
548          Section 13. Section 53A-15-1502 is enacted to read:
549          53A-15-1502. Definitions.
550          As used in this part:
551          (1) "Authorized entity" means an LEA, qualifying private school, or the State Board of
552     Education that is authorized to request a background check and ongoing monitoring under this

553     part.

554          (2) "Bureau" means the Bureau of Criminal Identification within the Department of
555     Public Safety, created in Section 53-10-201.

556          (3) "Contract employee" means an employee of a staffing service who works at a
557     public or private school under a contract between the staffing service and the public or private
558     school.

559          (4) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
560     the Blind.

561          (5) (a) "License applicant" means an applicant for a license issued by the State Board
562     of Education under Title 53A, Chapter 6, Educator Licensing and Professional Practices Act.

563          (b) "License applicant" includes an applicant for reinstatement of an expired, lapsed,
564     suspended, or revoked license.

565          (6) "Non-licensed employee" means an employee of an LEA or qualifying private
566     school that does not hold a current Utah educator license issued by the State Board of
567     Education under Title 53A, Chapter 6, Educator Licensing and Professional Practices Act.

568          (7) "Personal identifying information" means:
569          (a) current name, former names, nicknames, and aliases;
570          (b) date of birth;
571          (c) address;
572          (d) telephone number;
573          (e) driver license number or other government-issued identification number;
574          (f) Social Security number; and
575          (g) fingerprints.
576          (8) "Qualifying private school" means a private school that enrolls students under Title
577     53A, Chapter 1a, Part 7, Carson Smith Scholarships for Students with Special Needs Act.

578          (9) "Rap back system" means a system that enables authorized entities to receive
579     ongoing status notifications of any criminal history reported on individuals whose fingerprints
580     are registered in the system.

581          (10) "WIN Database" means the Western Identification Network Database that consists
582     of eight western states sharing one electronic fingerprint database.

583          Section 14. Section 53A-15-1503 is enacted to read:

584          53A-15-1503. Background checks for non-licensed employees, contract employees,
585     volunteers, and charter school governing board members.
586          (1) An LEA or qualifying private school shall:
587          (a) require the following individuals to submit to a criminal background check and
588     ongoing monitoring as a condition for employment or appointment:
589          (i) a non-licensed employee;
590          (ii) a contract employee;
591          (iii) a volunteer who will be given significant unsupervised access to a student in
592     connection with the volunteer's assignment; and
593          (iv) a charter school governing board member;
594          (b) collect the following from an individual required to submit to a background check
595     under Subsection (1)(a):
596          (i) personal identifying information;
597          (ii) subject to Subsection (2), a fee described in Subsection 53-10-108(14); and
598          (iii) consent, on a form specified by the LEA or qualifying private school, for:
599          (A) an initial background check upon submission of the application; and
600          (B) retention of personal identifying information for ongoing monitoring through
601     registration with the systems described in Section 53A-15-1505;
602          (c) submit the individual's personal identifying information, including fingerprints, to
603     the bureau for:
604          (i) an initial background check; and
605          (ii) ongoing monitoring through registration with the systems described in Section
606     53A-15-1505 if the results of the initial background check do not contain disqualifying
607     criminal history information as determined by the LEA or qualifying private school in
608     accordance with Section 53A-15-1506; and
609          (d) identify the appropriate privacy risk mitigation strategy that will be used to ensure
610     that the LEA or qualifying private school only receives notifications for individuals with whom
611     the LEA or qualifying private school maintains an authorizing relationship.
612          (2) An LEA or qualifying private school may not require an individual to pay the fee
613     described in Subsection (1)(b)(ii) unless the individual:
614          (a) has passed an initial review; and

615          (b) is one of a pool of no more than five candidates for the position.
616          (3) By September 1, 2018, an LEA or qualifying private school shall:
617          (a) collect the information described in Subsection (1)(b) from individuals:
618          (i) who were employed or appointed prior to July 1, 2015; and
619          (ii) with whom the LEA or qualifying private school currently maintains an authorizing
620     relationship; and
621          (b) submit the information to the bureau for ongoing monitoring through registration
622     with the systems described in Section 53A-15-1505.
623          (4) An LEA or qualifying private school that receives criminal history information
624     about a licensed educator under Subsection 53A-15-1504(5) shall assess the employment status
625     of the licensed educator as provided in Section 53A-15-1506.
626          (5) An LEA or qualifying private school may establish a policy to exempt an individual
627     described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if
628     the individual is being temporarily employed or appointed.
629          Section 15. Section 53A-15-1504 is enacted to read:
630          53A-15-1504. Background checks for licensed educators.
631          The State Board of Education shall:
632          (1) require a license applicant to submit to a criminal background check and ongoing
633     monitoring as a condition for licensing;
634          (2) collect the following from an applicant:
635          (a) personal identifying information;
636          (b) a fee described in Subsection 53-10-108(14); and
637          (c) consent, on a form specified by the State Board of Education, for:
638          (i) an initial background check upon submission of the application;
639          (ii) retention of personal identifying information for ongoing monitoring through
640     registration with the systems described in Section 53A-15-1505; and
641          (iii) disclosure of any criminal history information to the individual's employing LEA
642     or qualifying private school;
643          (3) submit an applicant's personal identifying information, including fingerprints, to the
644     bureau for:
645          (a) an initial background check; and

646          (b) ongoing monitoring through registration with the systems described in Section
647     53A-15-1505 if the results of the initial background check do not contain disqualifying
648     criminal history information as determined by the State Board of Education in accordance with
649     Section 53A-15-1506;
650          (4) identify the appropriate privacy risk mitigation strategy that will be used to ensure
651     that the board only receives notifications for individuals with whom the State Board of
652     Education maintains an authorizing relationship;
653          (5) notify the employing LEA or qualifying private school upon receipt of any criminal
654     history information reported on a licensed educator employed by the LEA or qualifying private
655     school; and
656          (6) (a) collect the information described in Subsection (2) from individuals who were
657     licensed prior to July 1, 2015, by the individual's next license renewal date; and
658          (b) submit the information to the bureau for ongoing monitoring through registration
659     with the systems described in Section 53A-15-1505.
660          Section 16. Section 53A-15-1505 is enacted to read:
661          53A-15-1505. Bureau responsibilities.
662          The bureau shall:
663          (1) upon request from an authorized entity, register the fingerprints submitted by the
664     authorized entity as part of a background check with:
665          (a) the WIN Database rap back system, or any successor system; and
666          (b) the rap back system maintained by the Federal Bureau of Investigation;
667          (2) notify an authorized entity when a new entry is made against an individual whose
668     fingerprints are registered with the rap back systems described in Subsection (1) regarding:
669          (a) an alleged offense; or
670          (b) a conviction, including a plea in abeyance;
671          (3) assist authorized entities to identify the appropriate privacy risk mitigation strategy
672     that is to be used to ensure that the authorized entity only receives notifications for individuals
673     with whom the authorized entity maintains an authorizing relationship; and
674          (4) collaborate with the State Board of Education to provide training to authorized
675     entities on the notification procedures and privacy risk mitigation strategies described in this
676     part.

677          Section 17. Section 53A-15-1506 is enacted to read:
678          53A-15-1506. Due process for accused individuals--Review of criminal history
679     information.
680          (1) (a) In accordance with Section 53-10-108, an authorized entity shall provide an
681     individual an opportunity to review and respond to any criminal history information received
682     under this part.
683          (b) If an authorized entity decides to disqualify an individual as a result of criminal
684     history information received under this part, an individual may request a review of:
685          (i) information received; and
686          (ii) the reasons for the disqualification.
687          (c) An authorized entity shall provide an individual described in Subsection (1)(b) with
688     written notice of:
689          (i) the reasons for the disqualification; and
690          (ii) the individual's right to request a review of the disqualification.
691          (2) (a) An LEA or qualifying private school shall make decisions regarding criminal
692     history information for the individuals subject to the background check requirements under
693     Section 53A-15-1503 in accordance with:
694          (i) Subsection (3);
695          (ii) administrative procedures established by the LEA or qualifying private school; and
696          (iii) rules established by the State Board of Education.
697          (b) The State Board of Education shall make decisions regarding criminal history
698     information for licensed educators in accordance with:
699          (i) Subsection (3);
700          (ii) Title 53A, Chapter 6, Educator Licensing and Professional Practices Act; and
701          (iii) rules established by the State Board of Education.
702          (3) When making decisions regarding initial employment, initial licensing, or initial
703     appointment for the individuals subject to background checks under this part, an authorized
704     entity shall consider:
705          (a) any convictions, including pleas in abeyance;
706          (b) any matters involving a felony; and
707          (c) any matters involving an alleged:

708          (i) sexual offense;
709          (ii) class A misdemeanor drug offense;
710          (iii) offense against the person under Title 76, Chapter 5, Offenses Against the Person;
711          (iv) class A misdemeanor property offense that is alleged to have occurred within the
712     previous three years; and
713          (v) any other type of criminal offense, if more than one occurrence of the same type of
714     offense is alleged to have occurred within the previous eight years.
715          Section 18. Section 53A-15-1507 is enacted to read:
716          53A-15-1507. Self-reporting requirement.
717          (1) Individuals subject to the background check requirements under this part shall
718     self-report conviction, arrest, or offense information in accordance with rules established by the
719     State Board of Education.
720          (2) An LEA shall report conviction, arrest, or offense information received from
721     licensed educators under Subsection (1) to the State Board of Education in accordance with
722     rules established by the State Board of Education.
723          Section 19. Section 53A-15-1508 is enacted to read:
724          53A-15-1508. Update criminal background check rules and policies.
725          On or before September 1, 2015:
726          (1) the board shall update the board's criminal background check rules consistent with
727     this part; and
728          (2) an LEA shall update the LEA's criminal background check policies consistent with
729     this part.
730          Section 20. Section 53A-15-1509 is enacted to read:
731          53A-15-1509. Training provided to authorized entities.
732          The board shall collaborate with the bureau to provide training to authorized entities on
733     the provisions of this part.
734          Section 21. Section 53A-15-1510 is enacted to read:
735          53A-15-1510. Legislative audit.
736          After the conclusion of the 2018-2019 school year, subject to the prioritization of the
737     Legislative Audit Subcommittee, the Legislative Auditor General shall conduct a review and
738     issue a report on the extent to which the criminal background check procedures and ongoing

739     monitoring described in this part adequately detect and identify the criminal histories of
740     individuals who are employed by or volunteering in public schools.
741          Section 22. Section 53A-29-104 is amended to read:
742          53A-29-104. Internship programs -- Criminal background checks.
743          Officers and employees of a cooperating employer who will be given significant
744     unsupervised access to a student in connection with the student's activities as an intern shall be
745     considered to be a volunteer [school workers solely] for purposes of criminal background
746     checks under Section [53A-3-410] 53A-15-1503.
747          Section 23. Section 53B-16-404 is amended to read:
748          53B-16-404. Internship programs -- Criminal background checks.
749          An institution of higher education shall require an officer or employee of the institution
750     or a cooperating employer, who will be given significant unsupervised access to a minor
751     student in connection with the student's activities as an intern, to submit to a criminal
752     background check on the same basis as a volunteer [school district workers] under Section
753     [53A-3-410] 53A-15-1503.
754          Section 24. Section 78A-6-1105 is amended to read:
755          78A-6-1105. Expungement of juvenile court record -- Petition -- Procedure.
756          (1) (a) A person who has been adjudicated under this chapter may petition the court for
757     the expungement of the person's juvenile court record and any related records in the custody of
758     a state agency, if:
759          (i) the person has reached 18 years of age; and
760          (ii) one year has elapsed from the date of termination of the continuing jurisdiction of
761     the juvenile court or, if the person was committed to a secure youth corrections facility, one
762     year from the date of the person's unconditional release from the custody of the Division of
763     Juvenile Justice Services.
764          (b) The court may waive the requirements in Subsection (1)(a), if the court finds, and
765     states on the record, the reason why the waiver is appropriate.
766          (c) The petitioner shall include in the petition any agencies known or alleged to have
767     any documents related to the offense for which expungement is being sought.
768          (d) The petitioner shall include with the petition the original criminal history report
769     obtained from the Bureau of Criminal Identification in accordance with the provisions of

770     [Subsection] Section 53-10-108[(8)].
771          (e) The petitioner shall send a copy of the petition to the county attorney or, if within a
772     prosecution district, the district attorney.
773          (f) (i) Upon the filing of a petition, the court shall:
774          (A) set a date for a hearing;
775          (B) notify the county attorney or district attorney, and the agency with custody of the
776     records at least 30 days prior to the hearing of the pendency of the petition; and
777          (C) notify the county attorney or district attorney, and the agency with records the
778     petitioner is asking the court to expunge of the date of the hearing.
779          (ii) The court shall provide a victim with the opportunity to request notice of a petition
780     for expungement. A victim shall receive notice of a petition for expungement at least 30 days
781     prior to the hearing if, prior to the entry of an expungement order, the victim or, in the case of a
782     child or a person who is incapacitated or deceased, the victim's next of kin or authorized
783     representative, submits a written and signed request for notice to the court in the judicial
784     district in which the crime occurred or judgment was entered. The notice shall include a copy
785     of the petition and statutes and rules applicable to the petition.
786          (2) (a) At the hearing, the county attorney or district attorney, a victim, and any other
787     person who may have relevant information about the petitioner may testify.
788          (b) In deciding whether to grant a petition for expungement, the court shall consider
789     whether the rehabilitation of the petitioner has been attained to the satisfaction of the court,
790     taking into consideration the petitioner's response to programs and treatment, the petitioner's
791     behavior subsequent to adjudication, and the nature and seriousness of the conduct.
792          (c) The court may order sealed all petitioner's records under the control of the juvenile
793     court and any of petitioner's records under the control of any other agency or official pertaining
794     to the petitioner's adjudicated juvenile court cases, including relevant related records contained
795     in the Management Information System created by Section 62A-4a-1003 and the Licensing
796     Information System created by Section 62A-4a-1005, if the court finds that:
797          (i) the petitioner has not, since the termination of the court's jurisdiction or [his] the
798     petitioner's unconditional release from the Division of Juvenile Justice Services, been
799     convicted of a:
800          (A) felony; or

801          (B) misdemeanor involving moral turpitude;
802          (ii) no proceeding involving a felony or misdemeanor is pending or being instituted
803     against the petitioner; and
804          (iii) a judgment for restitution entered by the court on the conviction for which the
805     expungement is sought has been satisfied.
806          (3) The petitioner shall be responsible for service of the order of expungement to all
807     affected state, county, and local entities, agencies, and officials. To avoid destruction or
808     sealing of the records in whole or in part, the agency or entity receiving the expungement order
809     shall only expunge all references to the petitioner's name in the records pertaining to the
810     petitioner's adjudicated juvenile court cases.
811          (4) Upon the entry of the order, the proceedings in the petitioner's case shall be
812     considered never to have occurred and the petitioner may properly reply accordingly upon any
813     inquiry in the matter. Inspection of the records may thereafter only be permitted by the court
814     upon petition by the person who is the subject of the records, and only to persons named in the
815     petition.
816          (5) The court may not expunge a juvenile court record if the record contains an
817     adjudication of:
818          (a) Section 76-5-202, aggravated murder; or
819          (b) Section 76-5-203, murder.
820          (6) (a) A person whose juvenile court record consists solely of nonjudicial adjustments
821     as provided in Section 78A-6-602 may petition the court for expungement of the person's
822     record if the person:
823          (i) has reached 18 years of age; and
824          (ii) has completed the conditions of the nonjudicial adjustments.
825          (b) The court shall, without a hearing, order sealed all petitioner's records under the
826     control of the juvenile court and any of petitioner's records under the control of any other
827     agency or official pertaining to the petitioner's nonjudicial adjustments.
828          Section 25. Repealer.
829          This bill repeals:
830          Section 53A-3-410, Criminal background checks on school personnel -- Notice --
831     Payment of costs -- Request for review.

832          Section 26. Effective date.
833          This bill takes effect on July 1, 2015.