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.