R277-500-6. Board Directive to Educator License Holders for Fingerprint Background Check

  A(1) The Superintendent shall require a licensed educator or license applicant to submit to a fingerprint background check and ongoing monitoring by the Superintendent through registration with the systems described in Section 53G-11-404 as a condition of licensure in Utah.

  (2) A licensed educator shall submit a new fingerprint background check for ongoing monitoring within one calendar year prior to the date of the educator's next license renewal after July 1, 2015.

  (3) A license applicant shall submit a new fingerprint background check for ongoing monitoring by the Superintendent.

  (a) If a license applicant submits a new fingerprint background check on or after July 1, 2015, the Superintendent shall require the license applicant to be enrolled in ongoing monitoring before the Superintendent may issue a new license to the license applicant.

  (b) The Superintendent may issue a new license to a license applicant without enrolling the license applicant in ongoing monitoring if the license applicant's background check was cleared:

  (i) less than three years prior to the issue date of the license; and

  (ii) prior to July 1, 2015,

  (4) The Superintendent shall discontinue monitoring an individual through the systems described in Section 53G-11-404:

  (a) for a licensed educator, one year after the expiration of the most recently issued license; or

  (b) for a license applicant, five years after the submission of the background check.

  (5) If the fingerprint background check for a licensed educator or a license applicant is incomplete or under review by the Utah Professional Practices Advisory Commission (UPPAC), the individual's CACTUS file will direct the reviewer of the file to the Superintendent for further information.

  B. The Superintendent may direct a Utah educator license holder to have a criminal fingerprint background check under Section 53E-6-401 for good cause shown.

  C. If an educator license holder fails to comply with the directive in a reasonable time, following reasonable notice, and adequate due process, the educator license holder's license may be put into a pending status in the educator's CACTUS file subject to the educator license holder's compliance with the directive.

  D. The Board or its designee may review an educator license holder's compliance with the directive prior to the final decision about the educator license holder's license status.