7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding public education system reference checks for
10 certain unsupervised volunteers and job applicants.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires a local education agency to make reference check requests under certain
14 circumstances; and
15 ▸ requires a local education agency to respond to certain reference check requests
16 within 20 business days.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 53G-11-410, as renumbered and amended by Laws of Utah 2018, Chapter 3
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53G-11-410 is amended to read:
27 53G-11-410. Reference check requirements for LEA applicants and volunteers.
28 (1) As used in this section:
29 (a) "Child" means an individual who is younger than 18 years old.
30 (b) "LEA applicant" means an applicant for employment by an LEA.
31 (c) "Physical abuse" means the same as that term is defined in Section 78A-6-105.
32 (d) "Potential volunteer" means an individual who:
33 (i) has volunteered for but not yet fulfilled an unsupervised volunteer assignment; and
34 (ii) during the last three years, has worked in a qualifying position.
35 (e) "Qualifying position" means paid employment that requires the employee to
36 directly care for, supervise, control, or have custody of a child.
37 (f) "Sexual abuse" means the same as that term is defined in Section 78A-6-105.
38 (g) "Student" means an individual who:
39 (i) is enrolled in an LEA in any grade from preschool through grade 12; or
40 (ii) receives special education services from an LEA under the Individuals with
41 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
42 (h) "Unsupervised volunteer assignment" means a volunteer assignment at an LEA that
43 allows the volunteer significant unsupervised access to a student.
44 (2) (a) Before hiring an LEA applicant or giving an unsupervised volunteer assignment
45 to a potential volunteer, an LEA shall:
46 (i) require the LEA applicant or potential volunteer to sign a release authorizing the
47 LEA applicant or potential volunteer's previous qualifying position employers to disclose
48 information regarding any employment action taken or discipline imposed for the physical
49 abuse or sexual abuse of a child or student by the LEA applicant or potential volunteer;
50 (ii) for an LEA applicant, request that the LEA applicant's most recent qualifying
51 position employer disclose information regarding any employment action taken or discipline
52 imposed for the physical abuse or sexual abuse of a child or student by the LEA applicant;
53 (iii) for a potential volunteer, request that the potential volunteer's most recent
54 qualifying position employer disclose information regarding any employment action taken or
55 discipline imposed for the physical abuse or sexual abuse of a child or student by the potential
56 volunteer; and
57 (iv) document the efforts taken to make a request described in Subsection (2)(a)(ii) or
59 (b) An LEA may not hire an LEA applicant who does not sign a release described in
60 Subsection (2)(a)(i).
61 (c) An LEA may not give an unsupervised volunteer assignment to a potential
62 volunteer who does not sign a release described in Subsection (2)(a)(i).
63 (d) An LEA shall [
64 (2)(a)(ii) or (iii) before:
65 (i) hiring an LEA applicant; or
66 (ii) giving an unsupervised volunteer assignment to a potential volunteer.
67 (e) In accordance with state and federal law, an LEA may request from an LEA
68 applicant or potential volunteer other information the LEA determines is relevant.
69 (3) (a) An LEA that receives a request described in Subsection (2)(a)(ii) or (iii) shall
71 which the LEA received the request.
72 (b) If an LEA or other employer in good faith discloses information that is within the
73 scope of a request described in Subsection (2)(a)(ii) or (iii), the LEA or other employer is
74 immune from civil and criminal liability for the disclosure.
Legislative Review Note
Office of Legislative Research and General Counsel