§ 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:
(2)(a) personal identifying information; and
(2)(b) consent, on a form specified by the state board, for:
(2)(b)(i) an initial fingerprint-based background check by the FBI and bureau upon submission of the application;
(2)(b)(ii) retention of personal identifying information for ongoing monitoring through registration with the systems described in Section 53G-11-404; and
(2)(b)(iii) disclosure of any criminal history information to the individual's employing LEA or qualifying private school;
(3) submit an applicant's personal identifying information to the bureau for:
(3)(a) an initial fingerprint-based background check by the FBI and bureau; and
(3)(b) ongoing monitoring through registration with the systems described in Section 53G-11-404 if the results of the initial background check do not contain disqualifying criminal history information as determined by the state board in accordance with Section 53G-11-405;
(4) identify the appropriate privacy risk mitigation strategy that will be used to ensure that the state board only receives notifications for individuals with whom the state board maintains an authorizing relationship;
(5) notify the employing LEA or qualifying private school upon receipt of any criminal history information reported on a licensed educator employed by the LEA or qualifying private school; and
(6) (6)(a) collect the information described in Subsection (2) from individuals who were licensed prior to July 1, 2015, by the individual's next license renewal date; and
(6)(b) submit the information to the bureau for ongoing monitoring through registration with the systems described in Section 53G-11-404.
(7) An LEA or qualifying private school shall provide another LEA or qualifying private school that requires the same or less than a national background check, as described in Subsection 53G-11-402(1)(a), an opportunity to clone the subscription or data from the FBI Rap Back System, as those terms are defined in Section 53-10-108, for employees or volunteers who are relocating, providing temporary volunteer services, or under contract, and in accordance with Section 53-10-108.

Legislative History

Amended by Chapter 22, 2024 General Session