Criminal Background Check for Non-Licensed Employees and Volunteers All non-licensed employees, qualifying volunteers, and contract employees seeking employment with the District or service in a District school shall provide their personal identifying information with their application. “Non-licensed employees” includes substitute teachers who are not licensed by the State Board of Education. Utah Code § 53G-11-402(1)(b) (2018) Utah Code § 53E-6-901(2) (2018) The District shall obtain consent from each applicant seeking employment as a non-licensed employee or service as a qualifying volunteer or contract employee for (1) an initial fingerprint- based background check by the FBI and Bureau of Criminal Identification and (2) the retention of personal identifying information and ongoing monitoring by the Bureau of Criminal Identification. (A model consent form is included at the end of this policy.) Utah Code § 53G-11-402(1)(b)(iii) (2018) Prior to employing a non-licensed employee or permitting a contract employee or qualifying volunteer to provide service in a District school, the District shall require the individual to undergo a background check. The District shall submit the individual’s personal identifying information, including fingerprints, to the Bureau of Criminal Identification for this background check. Utah Code § 53G-11-402(1)(a), (c) (2018) Upon employing a non-licensed employee or permitting a contract employee or qualifying volunteer to provide service in a District school, the District shall request ongoing monitoring of the individual through the Bureau of Criminal Identification. Utah Code § 53G-11-402(1)(c)(ii) (2018) In the discretion of the Superintendent or the Superintendent’s appointee, if the employment or service is to be temporary or for a very short term, the non-licensed employee, contract employee, or qualifying volunteer may be exempted from ongoing monitoring. Utah Code § 53G-11-402(5) (2018) With respect to applications submitted by prospective non-licensed employees, contract employees, or qualifying volunteers, the District will pay the cost of an applicant’s background check, except that if the following are true, the District will require an applicant to pay the costs of the background check as a condition for consideration for employment or service: 1. The applicant has passed an initial review; and 2. The application is one of a pool of no more than five candidates for a position. Utah Code § 53G-11-402(2) (2018) Use of Criminal History and Background Check Information In making decisions in reliance on criminal history information, the District shall consider rules
established by the State Board of Education and 1. any convictions, including pleas in abeyance; 2. any matters involving a felony; and
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