1. (1) This rule is authorized by:

   1. (a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

   2. (b) Subsections 53E-3-501(1)(a)(i) and (iii), which direct the Board to:

      1. (i) establish rules and minimum standards for the public schools regarding the qualification and certification of educators and ancillary personnel who provide direct student services; and
      2. (ii) the evaluation of instructional personnel; and

   3. (c) Section 53G-11-402, which requires an LEA to conduct background checks for:

      1. (i) non-licensed employees;
      2. (ii) contract employees;
      3. (iii) volunteers; and
      4. (iv) charter school governing board members.

2. (2) The purpose of this rule is to require LEAs to have appropriate policies in place to ensure that:

   1. (a) individuals are appropriately background checked; and
   2. (b) LEAs have procedures for reviewing criminal charges, as appropriate.
3. (3) This rule is categorized as Category 2 as described in Rule R277-111.

KEY: school employees, self reporting, background check

Date of Last Change: January 10, 2025

Notice of Continuation: November 15, 2024

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)