Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 90 (2016GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions; and
• amends certain provisions to comply with federal law.

Every vote on this bill

Bill text

EDUCATION BACKGROUND CHECK AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill modifies provisions regarding criminal background checks for individuals
associated with education entities.
Highlighted Provisions:
This bill:
▸ amends definitions; and
▸ amends certain provisions to comply with federal law.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1a-705
, as last amended by Laws of Utah 2015, Chapter 389
53A-15-1502
, as enacted by Laws of Utah 2015, Chapter 389
53A-15-1503
, as enacted by Laws of Utah 2015, Chapter 389
53A-15-1504
, as enacted by Laws of Utah 2015, Chapter 389
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1a-705
 is amended to read:
53A-1a-705.
Eligible private schools.
(1) To be eligible to enroll a scholarship student, a private school shall:
(a) have a physical location in Utah where the scholarship students attend classes and
have direct contact with the school's teachers;
(b) (i) (A) obtain an audit and report from a licensed independent certified public
accountant that conforms with the following requirements:
(I) the audit shall be performed in accordance with generally accepted auditing
standards;
(II) the financial statements shall be presented in accordance with generally accepted
accounting principles; and
(III) the audited financial statements shall be as of a period within the last 12 months;
or
(B) contract with a licensed independent certified public accountant to perform an
agreed upon procedure as follows:
(I) the agreed upon procedure shall be to determine that the private school has adequate
working capital to maintain operations for the first full year; and
(II) working capital shall be calculated by subtracting current liabilities from current
assets; and
(ii) submit the audit report or report of the agreed upon procedure to the board when
the private school applies to accept scholarship students;
(c) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
(d) meet state and local health and safety laws and codes;
(e) disclose to the parent of each prospective student, before the student is enrolled, the
special education services that will be provided to the student, including the cost of those
services;
(f) (i) administer an annual assessment of each scholarship student's academic
progress;
(ii) report the results of the assessment to the student's parent; and
(iii) make the results available to the assessment team evaluating the student pursuant
to Subsection 
53A-1a-704
(6);
(g) employ or contract with teachers who:
(i) hold baccalaureate or higher degrees;
(ii) have at least three years of teaching experience in public or private schools; or
(iii) have the necessary special skills, knowledge, or expertise that qualifies them to
provide instruction:
(A) in the subjects taught; and
(B) to the special needs students taught;
(h) require the following individuals to submit to a 
 nationwide, fingerprint-based 
criminal background check and ongoing monitoring, in accordance with Section 
53A-15-1503
,
as a condition for employment or appointment
 , as authorized by the Adam Walsh Child
Protection and Safety Act of 2006, Pub. L. No. 109-248
 :
(i) an employee who does not hold a current Utah educator license issued by the board
under Title 53A, Chapter 6, Educator Licensing and Professional Practices Act;
(ii) a contract employee; and
(iii) a volunteer who is given significant unsupervised access to a student in connection
with the volunteer's assignment; and
(i) provide to parents the relevant credentials of the teachers who will be teaching their
students.
(2) A private school is not eligible to enroll scholarship students if:
(a) the audit report submitted under Subsection (1)(b) contains a going concern
explanatory paragraph; or
(b) the report of the agreed upon procedure submitted under Subsection (1)(b) shows
that the private school does not have adequate working capital to maintain operations for the
first full year, as determined under Subsection (1)(b).
(3) A home school is not eligible to enroll scholarship students.
(4) Residential treatment facilities licensed by the state are not eligible to enroll
scholarship students.
(5) A private school intending to enroll scholarship students shall submit an application
to the board by May 1 of the school year preceding the school year in which it intends to enroll
scholarship students.
(6) The board shall:
(a) approve a private school's application to enroll scholarship students, if the private
school meets the eligibility requirements of this section; and
(b) make available to the public a list of the eligible private schools.
(7) An approved eligible private school that changes ownership shall submit a new
application to the board and demonstrate that it continues to meet the eligibility requirements
of this section.
Section 2. Section 
53A-15-1502
 is amended to read:
53A-15-1502.
Definitions.
As used in this part:
(1) "Authorized entity" means an LEA, qualifying private school, or the State Board of
Education that is authorized to request a background check and ongoing monitoring under this
part.
(2) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety created in Section 
53-10-201
.
(3) "Contract employee" means an employee of a staffing service 
or other entity
 who
works at a public or private school under a contract [
between the staffing service and the public
or private school
].
(4) "FBI" means the Federal Bureau of Investigation.
[
(4)
] 
(5) "Local education agency" or
 "LEA" means a school district, charter school,
or the Utah Schools for the Deaf and the Blind.
[
(5)
] 
(6)
 (a) "License applicant" means an applicant for a license issued by the State
Board of Education under Title 53A, Chapter 6, Educator Licensing and Professional Practices
Act.
(b) "License applicant" includes an applicant for reinstatement of an expired, lapsed,
suspended, or revoked license.
[
(6)
] 
(7)
 "Non-licensed employee" means an employee of an LEA or qualifying private
school that does not hold a current Utah educator license issued by the State Board of
Education under Title 53A, Chapter 6, Educator Licensing and Professional Practices Act.
[
(7)
] 
(8)
 "Personal identifying information" means:
(a) current name, former names, nicknames, and aliases;
(b) date of birth;
(c) address;
(d) telephone number;
(e) driver license number or other government-issued identification number;
(f) social security number; and
(g) fingerprints.
[
(8)
] 
(9)
 "Qualifying private school" means a private school that
:
(a)
 enrolls students under Title 53A, Chapter 1a, Part 7, Carson Smith Scholarships for
Students with Special Needs Act[
.
]
; and
 (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. L.
No. 109-248. 
[
(9)
] 
(10)
 "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.
[
(10)
] 
(11)
 "WIN Database" means the Western Identification Network Database that
consists of eight western states sharing one electronic fingerprint database.
Section 3. Section 
53A-15-1503
 is amended to read:
53A-15-1503.
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 the following individuals to submit to a 
nationwide
 criminal background
check and ongoing monitoring as a condition for employment or appointment:
(i) a non-licensed employee;
(ii) a contract employee;
(iii) a volunteer who will be given significant unsupervised access to a student in
connection with the volunteer's assignment; and
(iv) a charter school governing board member;
(b) collect the following from an individual required to submit to a background check
under Subsection (1)(a):
(i) personal identifying information;
(ii) subject to Subsection (2), a fee described in Subsection 
53-10-108
(15); and
(iii) consent, on a form specified by the LEA or qualifying private school, for:
(A) an initial 
fingerprint-based
 background check 
by the FBI and the bureau
 upon
submission of the application; and
(B) retention of personal identifying information for ongoing monitoring through
registration with the systems described in Section 
53A-15-1505
;
(c) submit the individual's personal identifying information[
, including fingerprints,
] to
the bureau for:
(i) an initial 
fingerprint-based
 background check 
by the FBI and the bureau
; and
(ii) ongoing monitoring through registration with the systems described in Section
53A-15-1505
 if the results of the initial background check do not contain disqualifying
criminal history information as determined by the LEA or qualifying private school in
accordance with Section 
53A-15-1506
; and
(d) identify the appropriate privacy risk mitigation strategy that will be used to ensure
that the LEA or qualifying private school only receives notifications for individuals with whom
the LEA or qualifying private school maintains an authorizing relationship.
(2) An LEA or qualifying private school may not require an individual to pay the fee
described in Subsection (1)(b)(ii) unless the individual:
(a) has passed an initial review; and
(b) is one of a pool of no more than five candidates for the position.
(3) By September 1, 2018, an LEA or qualifying private school shall:
(a) collect the information described in Subsection (1)(b) from individuals:
(i) who were employed or appointed prior to July 1, 2015; and
(ii) with whom the LEA or qualifying private school currently maintains an authorizing
relationship; and
(b) submit the information to the bureau for ongoing monitoring through registration
with the systems described in Section 
53A-15-1505
.
(4) An LEA or qualifying private school that receives criminal history information
about a licensed educator under Subsection 
53A-15-1504
(5) shall assess the employment status
of the licensed educator as provided in Section 
53A-15-1506
.
(5) An LEA or qualifying private school may establish a policy to exempt an individual
described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if
the individual is being temporarily employed or appointed.
Section 4. Section 
53A-15-1504
 is amended to read:
53A-15-1504.
Background checks for licensed educators.
The State Board of Education 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 a form specified by the State Board of Education, for:
(i) an initial 
fingerprint-based
 background check 
by the FBI and bureau
 upon
submission of the application;
(ii) retention of personal identifying information for ongoing monitoring through
registration with the systems described in Section 
53A-15-1505
; and
(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[
, including fingerprints,
] to
the bureau for:
(a) an initial 
fingerprint-based
 background check 
by the FBI and bureau
; and
(b) ongoing monitoring through registration with the systems described in Section
53A-15-1505
 if the results of the initial background check do not contain disqualifying
criminal history information as determined by the State Board of Education in accordance with
Section 
53A-15-1506
;
(4) identify the appropriate privacy risk mitigation strategy that will be used to ensure
that the board only receives notifications for individuals with whom the State Board of
Education 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) (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
(b) submit the information to the bureau for ongoing monitoring through registration
with the systems described in Section 
53A-15-1505
.