Effective 5/12/2020 53G-11-402. Background checks for non-licensed employees, contract employees, volunteers, and charter school governing board members. (1) An LEA or qualifying private school shall: (a) require each of the following individuals who is 18 years old or older to submit to a nationwide criminal background check and ongoing monitoring as a condition for employment […]
Effective 5/14/2019 53G-11-403. Background checks for licensed educators. The state board shall: (1) require a license applicant to submit to a nationwide criminal background check and ongoing monitoring as a condition for licensing; (2) collect the following from an applicant: (a) personal identifying information; (b) a fee described in Subsection 53-10-108(15); and (c) consent, on […]
Effective 5/14/2019 53G-11-404. Bureau responsibilities. The bureau shall: (1) upon request from an authorized entity, register the fingerprints submitted by the authorized entity as part of a background check with: (a) the WIN Database rap back system, or any successor system; and (b) the rap back system maintained by the Federal Bureau of Investigation; (2) […]
Effective 5/4/2022 53G-11-405. Due process for individuals–Review of criminal history information. (1) (a) In accordance with Section 53-10-108, an authorized entity shall provide an individual an opportunity to review and respond to any criminal history information received under this part. (b) If an authorized entity decides to disqualify an individual as a result of criminal […]
Effective 5/14/2019 53G-11-406. Self-reporting requirement. (1) Individuals subject to the background check requirements under this part shall self-report conviction, arrest, or offense information in accordance with rules established by the state board. (2) An LEA shall report conviction, arrest, or offense information received from licensed educators under Subsection (1) to the state board in accordance […]
Effective 5/14/2019 53G-11-407. Update criminal background check rules and policies. On or before September 1, 2015: (1) the state board shall update the state board’s criminal background check rules consistent with this part; and (2) an LEA shall update the LEA’s criminal background check policies consistent with this part. Amended by Chapter 293, 2019 General […]
Effective 5/14/2019 53G-11-408. Training provided to authorized entities. The state board shall collaborate with the bureau to provide training to authorized entities on the provisions of this part. Amended by Chapter 293, 2019 General Session
Effective 1/24/2018 53G-11-409. Legislative audit. After the conclusion of the 2018-2019 school year, subject to the prioritization of the Legislative Audit Subcommittee, the legislative auditor general shall conduct a review and issue a report on the extent to which the criminal background check procedures and ongoing monitoring described in this part adequately detect and identify […]
Effective 9/1/2021 53G-11-410. Reference check requirements for LEA applicants and volunteers. (1) As used in this section: (a) “Child” means an individual who is younger than 18 years old. (b) “LEA applicant” means an applicant for employment by an LEA. (c) “Physical abuse” means the same as that term is defined in Section 80-1-102. (d) […]
