R277-516-1. Authority and Purpose

  (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)(i) Subsection 53E-3-301(3), which instructs the Superintendent to perform duties assigned by the Board that include:

  (ii) presenting to the Governor and the Legislature each December a report of the public school system for the preceding year that includes:

  (A) investigation of all matters pertaining to the public schools; and

  (B) statistical and financial information about the school system which the Superintendent considers pertinent;

  (c) 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

  (d) Title 53G, Chapter 11, Part 4, Background Checks, which directs the Board to require educator license applicants to submit to background checks and provide ongoing monitoring of licensed educators.

  (2) The purpose of this rule is to ensure that all students who are compelled by law to attend public schools, subject to release from school attendance consistent with Section 53G-6-204, are instructed and served by public school teachers and employees who have not violated laws that would endanger students in any way.