This document includes House Committee Amendments incorporated into the bill on Tue, Feb 6, 2024 at 10:08 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 16, 2024 at 5:12 PM by housengrossing.
Representative Karianne Lisonbee proposes the following substitute bill:


1     
EDUCATOR BACKGROUND CHECK AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Trevor Lee

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill prohibits a Local Education Agency from collecting background check fees
10     from licensed employees and non-licensed substitute teachers.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     prohibits a local education agency (LEA) from collecting background check fees
15     from Ĥ→ volunteers and ←Ĥ licensed Ĥ→ , non-licensed, and contract ←Ĥ employees Ĥ→ [
15a     and non-licensed substitute teachers] ←Ĥ ;
16          ▸     allows entities to clone background information between LEAs or qualifying private
17     Ĥ→ [school] schools ←Ĥ ; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53-5-702, as last amended by Laws of Utah 2023, Chapter 387
26          53E-6-901, as renumbered and amended by Laws of Utah 2018, Chapter 1
27          53G-5-408, as last amended by Laws of Utah 2019, Chapter 293
28          53G-11-401, as last amended by Laws of Utah 2019, Chapter 293
29          53G-11-402, as last amended by Laws of Utah 2023, Chapter 527
30          53G-11-403, as last amended by Laws of Utah 2019, Chapter 293
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53-5-702 is amended to read:
34          53-5-702. Definitions.
35          In addition to the definitions in Section 76-10-501, as used in this part:
36          (1) "Active duty service member" means a person on active military duty with the
37     United States military and includes full time military active duty, military reserve active duty,
38     and national guard military active duty service members stationed in Utah.
39          (2) "Active duty service member spouse" means a person recognized by the military as
40     the spouse of an active duty service member and who resides with the active duty service
41     member in Utah.
42          (3) "Board" means the Concealed Firearm Review Board created in Section 53-5-703.
43          (4) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
44     within the Department of Public Safety.
45          (5) "Commissioner" means the commissioner of the Department of Public Safety.
46          (6) "Conviction" means criminal conduct where the filing of a criminal charge has
47     resulted in:
48          (a) a finding of guilt based on evidence presented to a judge or jury;
49          (b) a guilty plea;
50          (c) a plea of nolo contendere;
51          (d) a plea of guilty or nolo contendere which is held in abeyance pending the successful
52     completion of probation;
53          (e) a pending diversion agreement; or
54          (f) a conviction which has been reduced [pursuant to] in accordance with Section
55     76-3-402.
56          (7) (a) "School employee" means an employee of a public school district, charter
57     school, or private school whose duties, responsibilities, or assignments require the employee to
58     be physically present on a school's campus at least half of the days on which school is held
59     during a school year.
60          (b) "School employee" also means a substitute teacher, as defined in Section
61     53E-6-901.
62          (8) "School year" means the period of time designated by a local school board, charter
63     school governing board, or private school as the school year for high school, middle school, or
64     elementary school students.
65          Section 2. Section 53E-6-901 is amended to read:
66          53E-6-901. Substitute teachers.
67          (1) As used in this section, "substitute teacher" means a licensed or non-licensed
68     individual who is employed by a school district to fill in for a regular classroom teacher during
69     the teacher's temporary absence from the classroom.
70          (2) [A substitute teacher need not hold a license to teach, but] When hiring substitute
71     teachers, school districts [are encouraged to hire] shall prioritize licensed [personnel] educators
72     as substitutes when available.
73          [(2)] (3) [A person must] An individual shall submit to a background check [under] in
74     accordance with Section 53G-11-402 prior to employment as a substitute teacher.
75          [(3)] (4) A teacher's position in the classroom may not be filled by [an unlicensed] a
76     non-licensed substitute teacher for more than a total of 20 days during any school year unless a
77     licensed [personnel are] educator is not available.
78          [(4)] (5) [A person] An individual who is ineligible to hold a license [for any reason
79     other than professional preparation] for reasons described in Title 53E, Chapter 6, Part 6,
80     License Denial and Discipline, may not serve as a substitute teacher.
81          Section 3. Section 53G-5-408 is amended to read:
82          53G-5-408. Criminal background checks on school personnel.
83          The following individuals are required to submit to a criminal background check and
84     ongoing monitoring as provided in [Section] Sections 53G-11-402 and 53G-11-403:
85          (1) an employee of a charter school who does not hold a current Utah educator license
86     issued by the state board under Title 53E, Chapter 6, Education Professional Licensure;
87          (2) a volunteer for a charter school who is given significant unsupervised access to a
88     student in connection with the volunteer's assignment;
89          (3) a contract employee, as defined in Section 53G-11-401, who works at a charter
90     school; and
91          (4) a charter school governing board member.
92          Section 4. Section 53G-11-401 is amended to read:
93          53G-11-401. Definitions.
94          As used in this part:
95          (1) "Authorized entity" means an LEA, qualifying private school, or the state board that
96     is authorized to request a background check and ongoing monitoring under this part.
97          (2) "Bureau" means the Bureau of Criminal Identification within the Department of
98     Public Safety created in Section 53-10-201.
99          (3) "Contract employee" means an employee of a staffing service or other entity who
100     works at a public or private school under a contract.
101          (4) "FBI" means the Federal Bureau of Investigation.
102          (5) (a) "License applicant" means an applicant for a license issued by the state board
103     under Title 53E, Chapter 6, Education Professional Licensure.
104          (b) "License applicant" includes an applicant for reinstatement of an expired, lapsed,
105     suspended, or revoked license.
106          (6) "Non-licensed employee" means an employee of an LEA or qualifying private
107     school that does not hold a current Utah educator license issued by the state board under Title
108     53E, Chapter 6, Education Professional Licensure.
109          (7) "Personal identifying information" means:
110          (a) current name, former names, nicknames, and aliases;
111          (b) date of birth;
112          (c) address;
113          (d) telephone number;
114          (e) driver license number or other government-issued identification number;
115          (f) social security number; and
116          (g) fingerprints.
117          (8) "Substitute teacher" means the same as that term is defined in Subsection
118     53E-6-901.
119          (9) "Qualifying private school" means a private school that:
120          (a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship
121     Program; and
122          (b) is authorized to conduct fingerprint-based background checks of national crime
123     information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. L.
124     No. 109-248.
125          [(9)] (10) "Rap back system" means a system that enables authorized entities to receive
126     ongoing status notifications of any criminal history reported on individuals whose fingerprints
127     are registered in the system.
128          [(10)] (11) "WIN Database" means the Western Identification Network Database that
129     consists of eight western states sharing one electronic fingerprint database.
130          Section 5. Section 53G-11-402 is amended to read:
131          53G-11-402. Background checks for non-licensed employees, contract employees,
132     volunteers, and charter school governing board members.
133          (1) An LEA or qualifying private school shall:
134          (a) require the following individuals who are 18 years old or older to submit to a
135     nationwide criminal background check and ongoing monitoring as a condition of employment
136     or appointment:
137          (i) a non-licensed employee;
138          (ii) a contract employee;
139          (iii) except for an officer or employee of a cooperating employer under an internship
140     safety agreement under Section 53G-7-904, a volunteer who will be given significant
141     unsupervised access to a student in connection with the volunteer's assignment; and
142          (iv) a charter school governing board member;
143          (b) collect the following from an individual required to submit to a background check
144     under Subsection (1)(a):
145          (i) personal identifying information;
146          (ii) subject to Subsection (2), a fee described in Subsection 53-10-108(15); and
147          (iii) consent, on a form specified by the LEA or qualifying private school, for:
148          (A) an initial fingerprint-based background check by the FBI and the bureau upon
149     submission of the application; and
150          (B) retention of personal identifying information for ongoing monitoring through
151     registration with the systems described in Section 53G-11-404;
152          (c) submit the individual's personal identifying information to the bureau for:
153          (i) an initial fingerprint-based background check by the FBI and the bureau; and
154          (ii) ongoing monitoring through registration with the systems described in Section
155     53G-11-404 if the results of the initial background check do not contain disqualifying criminal
156     history information as determined by the LEA or qualifying private school in accordance with
157     Section 53G-11-405; and
158          (d) identify the appropriate privacy risk mitigation strategy to be used to ensure the
159     LEA or qualifying private school only receives notifications for individuals with whom the
160     LEA or qualifying private school maintains an authorizing relationship.
161          (2) (a) An LEA or qualifying private school may not require an individual to pay the
162     fee described in Subsection (1)(b)(ii) unless the individual:
163          [(a)] (i) has passed an initial review; and
164          [(b)] (ii) is one of a pool of no more than five candidates for the position.
165          (b) An LEA may not require a non-licensed Ĥ→ [substitute teacher] employee, contract
165a     employee, or volunteer ←Ĥ to pay the fee described
166     in Subsection (1)(b)(ii).
167          (3) An LEA or qualifying private school that receives criminal history information
168     about a licensed educator under Subsection 53G-11-403(5) shall assess the employment status
169     of the licensed educator as provided in Section 53G-11-405.
170          (4) An LEA or qualifying private school may establish a policy to exempt an individual
171     described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if
172     the individual is being temporarily employed or appointed.
173          (5) An LEA or qualifying private school shall provide another LEA or qualifying
174     private school that requires Ĥ→ [the same or less than] ←Ĥ a national background check, as
174a     described in
175     Subsection 53G-11-402(1)(a), an opportunity to clone the subscription or data from the FBI
176     Rap Back System, as those terms are defined in Section 53-10-108, for employees or
177     volunteers who are relocating, providing temporary volunteer services, or under contract, and
178     in accordance with Ĥ→ [186] ←Ĥ Section 53-10-108.
179          Section 6. Section 53G-11-403 is amended to read:
180          53G-11-403. Background checks for licensed educators.
181          The state board shall:
182          (1) require a license applicant to submit to a nationwide criminal background check
183     and ongoing monitoring as a condition for licensing;
184          (2) collect the following from an applicant:
185          (a) personal identifying information; and
186          [(b) a fee described in Subsection 53-10-108(15); and]
187          [(c)] (b) consent, on a form specified by the state board, for:
188          (i) an initial fingerprint-based background check by the FBI and bureau upon
189     submission of the application;
190          (ii) retention of personal identifying information for ongoing monitoring through
191     registration with the systems described in Section 53G-11-404; and
192          (iii) disclosure of any criminal history information to the individual's employing LEA
193     or qualifying private school;
194          (3) submit an applicant's personal identifying information to the bureau for:
195          (a) an initial fingerprint-based background check by the FBI and bureau; and
196          (b) ongoing monitoring through registration with the systems described in Section
197     53G-11-404 if the results of the initial background check do not contain disqualifying criminal
198     history information as determined by the state board in accordance with Section 53G-11-405;
199          (4) identify the appropriate privacy risk mitigation strategy that will be used to ensure
200     that the state board only receives notifications for individuals with whom the state board
201     maintains an authorizing relationship;
202          (5) notify the employing LEA or qualifying private school upon receipt of any criminal
203     history information reported on a licensed educator employed by the LEA or qualifying private
204     school; and
205          (6) (a) collect the information described in Subsection (2) from individuals who were
206     licensed prior to July 1, 2015, by the individual's next license renewal date; and
207          (b) submit the information to the bureau for ongoing monitoring through registration
208     with the systems described in Section 53G-11-404.
209          (7) An LEA or qualifying private school shall provide another LEA or qualifying
210     private school that requires the same or less than a national background check, as described in
211     Subsection 53G-11-402(1)(a), an opportunity to clone the subscription or data from the FBI
212     Rap Back System, as those terms are defined in Section 53-10-108, for employees or
213     volunteers who are relocating, providing temporary volunteer services, or under contract, and
214     in accordance with Ĥ→ [186] ←Ĥ Section 53-10-108.
215          Section 7. Effective date.
216          This bill takes effect on May 1, 2024.