Utah Code 53G-11-403. Background checks for licensed educators
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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;
Terms Used In Utah Code 53G-11-403
- Bureau: means the Bureau of Criminal Identification within the Department of Public Safety created in Section
53-10-201 . See Utah Code 53G-11-401 - Contract: A legal written agreement that becomes binding when signed.
- FBI: means the Federal Bureau of Investigation. See Utah Code 53G-11-401
- License applicant: includes an applicant for reinstatement of an expired, lapsed, suspended, or revoked license. See Utah Code 53G-11-401
- Personal identifying information: means :(7)(a) current name, former names, nicknames, and aliases;(7)(b) date of birth;(7)(c) address;(7)(d) telephone number;(7)(e) driver license number or other government-issued identification number;(7)(f) social security number; and(7)(g) fingerprints. See Utah Code 53G-11-401
- Qualifying private school: means a private school that:
(9)(a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship Program; and(9)(b) is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. See Utah Code 53G-11-401- Rap back system: means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system. See Utah Code 53G-11-401
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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 Section53G-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 Section53G-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 Section53G-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 Section53G-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 Subsection53G-11-402 (1)(a), an opportunity to clone the subscription or data from the FBI Rap Back System, as those terms are defined in Section53-10-108 , for employees or volunteers who are relocating, providing temporary volunteer services, or under contract, and in accordance with Section53-10-108 . - Qualifying private school: means a private school that: