R277-316. Professional Standards and Training for Non-licensed Employees and Volunteers

R277.  Education, Administration.

R277-316.  Professional Standards and Training for Non-licensed Employees and Volunteers.

R277-316-1.  Authority, Purpose, and Oversight Category.

          (1)  This rule is authorized by:

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

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

          (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

          (ii)  the evaluation of instructional personnel; and

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

          (i)  non-licensed employees;

          (ii)  contract employees;

          (iii)  volunteers; and

          (iv)  charter school governing board members.

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

          (a)  individuals are appropriately background checked; and

          (b)  LEAs have procedures for reviewing criminal charges, as appropriate.

          (3)  This rule is categorized as Category 2 as described in Rule R277-111.

R277-316-2.  Definitions.

          (1)  "Alcohol related offense" means the same as the term is defined in Subsection R277-210-2(3).

          (2)  "Association" means the same as that term is defined in Subsection 53G-7-1101(3).

          (3)  "Charter school governing board" means a board designated by a charter school to make decisions for the operation of the charter school.

          (4)  "Charter school board member" means a current member of a charter school governing board.

          (5)  "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the database maintained on all licensed Utah educators, which includes information such as:

          (a)  personal directory information;

          (b)  educational background;

          (c)  endorsements;

          (d)  employment history;

          (e)  professional development information;

          (f)  completion of employee background checks; and

          (g)  a record of disciplinary action taken against the educator.

          (6)  "Contract employee" means an employee of a staffing service who works at a public school under a contract between the staffing service and the public school.

          (7)  "DPS" means the Department of Public Safety.

          (8)  "Drug related offense" means the same as defined in Subsection R277-210-2(15).

          (9)  "LEA" or "local education agency" for purposes of this rule includes the Utah Schools for the Deaf and the Blind.

          (10)(a)  "Licensed educator" means an individual who holds a valid Utah educator license and has satisfied all requirements to be a licensed educator in the Utah public school system.

          (11)  "Non-licensed public education employee" means an employee of a an LEA who:

          (a)  does not hold a current Utah educator license issued by the Board under Title 53E, Chapter 6, Educator Licensing and Professional Practices Act; or

          (b)  is a contract employee.

          (12)  "Public education employer" means the education entity that hires and employs an individual, including public school districts, the Utah State Office of Education, Regional Service Centers, and charter schools.

          (13)  "Volunteer" means a volunteer who may be given significant unsupervised access to children in connection with the volunteer's assignment.

R277-316-3.  Non-Licensed Public Education Employee, Volunteer, and Charter School Board Member Background Check Policies.

          (1)  An LEA shall adopt a policy for non-licensed public education employee, volunteer, and charter school board member background checks that includes at least the following components:

          (a)  a requirement that the individual submit to a background check and ongoing monitoring through registration with the systems described in Section 53G-11-404 as a condition of employment or appointment; and

          (b)  identification of the appropriate privacy risk mitigation strategy that will be used to ensure that the LEA only receives notifications for individuals with whom the LEA maintains an authorizing relationship.

          (2)  An LEA policy shall describe the background check process necessary based on the individual's duties.

R277-316-4.  Non-Licensed Public Education Employee, Volunteer, or Charter School Board Member Arrest Reporting Policy Required from LEAs.

          (1)  An LEA shall have a policy requiring a non-licensed public employee, a volunteer, or a charter school board member, to report offenses specified in Subsection (3).

          (2)  An LEA shall post the policy described in Subsection (1) on the LEA's website.

          (3)  An LEA's policy described in Subsection (1) shall include the following minimum components:

          (a)  reporting of the following:

          (i)  convictions or pleas in abeyance;

          (ii)  any arrest, citation, or charge for an alleged sex offense;

          (iii)  any arrest, citation, or charge for an alleged drug related offense;

          (iv)  any arrest, citation, or charge for an alleged alcohol related offense; and

          (v)  any arrest, citation, or charge for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.

          (b)  a timeline for receiving reports described in Subsection (3)(a);

          (c)  immediate suspension from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation;

          (d)  immediate suspension from transporting students or public education vehicle operation or maintenance for alleged offenses involving alcohol or drugs during the period of investigation;

          (e)  adequate due process for the accused employee consistent with Section 53G-11-405;

          (f)  a process to review arrest information and make employment or appointment decisions that protect both the safety of students and the confidentiality and due process rights of employees and charter school board members; and

          (g)  timelines and procedures for maintaining records of arrests and convictions of non-licensed public education employees and charter school board members.

          (4)  An LEA shall ensure that the records described in Subsection R277-316-4(3)(g):

          (a)  include final administrative determinations and actions following investigation; and

          (b)  are maintained:

          (i)  only as necessary to protect the safety of students; and

          (ii)  with strict requirements for the protection of confidential employment information.

R277-316-5.  Association Professional Standard Setting, Training, and Monitoring.

          (1)  A public school may not be a member of, or pay dues to an association, that adopts rules or policies that are inconsistent with this Section R277-316-5.

          (2)  An association shall establish policies or rules that require:

          (a)  coaches and individuals who oversee interscholastic activities or work with students as part of an interscholastic activity to meet a set of professional standards that are consistent with the Utah Educator Professional Standards described in Rule R277-217; and

          (b)  the association or public school to annually train each coach or other individual who oversees or works with students as part of an interscholastic activity of a public school on the following:

          (i)  child sexual abuse prevention as described in Section 53G-9-207;

          (ii)  the prevention of bullying, cyber-bullying, hazing, harassment, and retaliation as described in:

          (A)  Title 53G, Chapter 9, Part 6, Bullying and Hazing; and

          (B)  Rule R277-613; and

          (iii)  the professional standards described in Subsection (2)(a).

          (3)  An association shall establish procedures and mechanisms to:

          (a)  monitor LEA compliance with the association's training requirements described in Subsection (2); and

          (b)  track the employment history of individuals who receive a certification from the association.

R277-316-6.  Public Education Employer Responsibilities Upon Receipt of Arrest Information.

          (1)  A public education employer that receives arrest information about a licensed public education employee shall review the arrest information and assess the employment status consistent with Section 53E-6-604, Rule R277-217, and the LEA's policy.

          (2)  A public education employer that receives arrest information about a non-licensed public education employee, volunteer, or charter school board member shall review the arrest information and assess the individual's employment or appointment status:

          (a)  considering the individual's assignment and duties; and

          (b)  consistent with a local board-approved policy for ethical behavior of non-licensed employees, volunteers, and charter school board members.

          (3)  A local board shall provide appropriate training to non-licensed public education employees, volunteers, and charter school board members about the provisions of the local board's policy for self-reporting and ethical behavior of non-licensed public education employees, volunteers, and charter school board members.

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)

Status of Rule

Effective January 10, 2025

Five-year review November 15, 2029

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Oversight Framework

Category 2

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Related Utah Law

Public Education Statutes
53E-3-301

53E-3-501

Title 53E, Chapter 6, Educator Licensing and Professional Practices Act, specifically Part 4, Background and Employment Checks and 53E-6-604

53G-6-204

Title 53G, Chapter 7, Part 11, Public School Membership in Associations

53G-9-207

Title 53G, Chapter 9, Part 6, Bullying and Hazing

Title 53G, Chapter 11, Part 4, Background Checks, specifically 53G-11-404 and 53G-11-405

Other Statutes
Title 76, Chapter 5, Offenses Against the Person

USBE Administrative Rules
R277-100, Definitions for USBE Rules

R277-217, Educator Standards and Local Education Agency (LEA) Reporting

R277-613, Local Education Agency (LEA) Policies and Training Regarding Bullying, Cyber-bullying, Hazing, Retaliation, and Abusive Conduct

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Related Federal Law

None

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Resources

None

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Contact Information

Primary Contact:
Ben Rasmussen
ben.rasmussen@schools.utah.gov
Policy, Law, and Professional Practices

Secondary Contact:
Malia Hite
malia.hite@schools.utah.gov
Teaching and Learning, Educator Licensing

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This page was last updated on August 23, 2024.

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NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

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