§ 53A-3-410. Criminal background checks on school personnel -- Notice -- Payment of costs -- Request for review.

(1) As used in this section:

(a) "Administrator" means an administrator at a school district, charter school, or private school that requests the Criminal Investigations and Technical Services Division of the Department of Public Safety to conduct a criminal background check on an applicant or employee.

(b) "Applicant" means a person under consideration for:

(i) an offer of employment at a school district, charter school, or private school; or

(ii) appointment as a volunteer for a school district, charter school, or private school who will be given significant unsupervised access to a student in connection with the volunteer's assignment.

(c) "Contract employee" means an employee of a staffing service who works at a public or private school under a contract between the staffing service and a school district, charter school, or private school.

(d) "Division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety.

(2) A school district superintendent, the superintendent's designee, or the chief administrative officer of a charter school:

(a) shall require an applicant to submit to a criminal background check as a condition for employment or appointment;

(b) shall require an employee to periodically submit to a criminal background check in accordance with rules of the State Board of Education or policies of the local school board or charter school governing board; and

(c) where reasonable cause exists, may require an existing employee or volunteer to submit to a criminal background check.

(3) The chief administrative officer of a private school may require, and the chief administrative officer of a private school that enrolls scholarship students under Chapter 1a, Part 7, Carson Smith Scholarships for Students with Special Needs Act, shall require:

(a) an applicant to submit to a criminal background check as a condition for employment or appointment; and

(b) where reasonable cause exists, an existing employee or volunteer to submit to a criminal background check.

(4) An applicant, volunteer, or employee shall receive written notice that a criminal background check has been requested.

(5)

(a)

(i) Fingerprints of the applicant, volunteer, or employee 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 applicant's, volunteer's, or employee's full criminal history record to the administrator requesting the information.

(ii) The division shall maintain a separate file of fingerprints submitted under Subsection (5)(a)(i) and notify the administrator when a new entry is made against an employee or volunteer whose fingerprints are held in the file regarding:

(A) any matters involving an alleged sexual offense;

(B) any matters involving an alleged drug-related offense;

(C) any matters involving an alleged alcohol-related offense; or

(D) any matters involving an alleged offense against the person under Title 76, Chapter 5, Offenses Against the Person.

(iii) The cost of maintaining the separate file shall be paid by the school district, charter school, or private school from fees charged to those submitting fingerprints.

(b) Information received by the division from entities other than agencies or political subdivisions of the state may not be released to a private school unless the release is permissible under applicable laws or regulations of the entity providing the information.

(6) The superintendent, local school board, or their counterparts at a charter school or private school shall consider only those convictions, pleas in abeyance, or arrests which are job-related for the employee, applicant, or volunteer.

(7)

(a) A school district, charter school, or private 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; and

(ii) is one of a pool of no more than five candidates for a position.

(b) A school district or charter school may require an employee to pay the cost of a periodic criminal background check required pursuant to rules of the State Board of Education or policies of the local school board or charter school governing board.

(8) 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.

(9)

(a) An applicant, volunteer, or employee shall have an opportunity to respond to any information received as a result of a criminal background check.

(b) A public agency shall resolve any request for review by an applicant, volunteer, or employee through administrative procedures established by the agency.

(10)

(a) 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.

(b) A school district or charter school shall resolve any request for a review of a denial of or dismissal from employment through administrative procedures established by the school district or charter school.

(11) Information obtained under this part is confidential and may only be disclosed as provided in this section.

(12)

(a) A school district, charter school, or private school that enrolls scholarship students under Chapter 1a, Part 7, Carson Smith Scholarships for Students with Special Needs Act, may contract with a staffing service to provide a contract employee if:

(i) the school district, charter school, or private school requests the Criminal Investigations and Technical Services Division of the Department of Public Safety to conduct a criminal background check on the contract employee that is placed at the school district, charter school, or private school;

(ii) fingerprints of the contract employee are submitted to the division;

(iii) the division releases the contract employee's full criminal history record to the school district, charter school, or private school requesting the criminal background check; and

(iv) the school district, charter school, or private school requesting the criminal background check determines whether the contract employee is suitable for employment based on the standard established in Subsection (6).

(b) The division shall maintain a separate file of fingerprints submitted under Subsection (12)(a) and notify the administrator when a new entry is made against a contract employee whose fingerprints are held in the file regarding a matter listed in Subsection (5)(a)(ii).

(c) A school district, charter school, or private school may require a contract employee to pay the costs of a criminal background check, including the costs of the division to maintain the file required under Subsection (12)(b).

(d)

(i) A contract employee who applies for a license issued by the State Board of Education shall submit to a criminal background check as provided in Section 53A-6-401.

(ii) A contract employee who works at a public school and does not hold a license issued by the State Board of Education shall submit to a criminal background check every six years, or within a shorter period, if required by rules of the State Board of Education or policies of a local school board or charter school governing board.

Amended by Chapter 362, 2010 General Session