Employee Reference and Letter of Recommendations - DJ
Issue Date: 9.16.2015 Page 1 of 2
Required Employment Reference Check
For purposes of this section:
“Physical Abuse” and “Sexual Abuse” have the same meanings as defined in Utah Code § 78A-
6-105.
“Child” means an individual younger than 18 years of age.
“Qualifying position” means paid employment that requires the employee to directly care for,
supervise, control, or have custody of a child.
“Unsupervised volunteer assignment” means a volunteer assignment that allows the volunteer
significant unsupervised access to a student.
“Potential volunteer” means an individual who has (1) volunteered for (but has not been given)
and unsupervised volunteer assignment and (2) has worked in a qualifying position within the
prior three years.
Before hiring any employee or considering a prospective volunteer for an unsupervised volunteer
assignment, the District shall require the applicant to identify any qualifying position employers
(at any time) and shall require the potential volunteer to identify any qualifying position
employers within the last three years. The District shall require the applicant or potential
volunteer to sign a release authorizing position employers to disclose information regarding any
employment action taken or discipline imposed for physical or sexual abuse of a child or of a
student. The District shall then use its best efforts (which shall be documented by the District to
request information on such employment actions or discipline from the most recent qualifying
position employer of the applicant or prospective volunteer. If the applicant or prospective
volunteer does not sign the required release, the District shall not hire the applicant or give the
prospective volunteer an unsupervised volunteer assignment.
an educator or any individual who will have significant unsupervised access to students, the
District shall obtain references and a discipline record from prior employers of the individual
being considered for hiring. To the extent that the District is unable to obtain such references
and records because prior employers are not willing to provide such information, the District
shall proceed as established by regulations of the State Board of Education or according to
direction from the State Office of Education. In addition, the lack of reference and discipline
information may be considered in making the hiring decision.
A volunteer who will have significant unsupervised access to students is considered an employee
for reference and discipline purposes. In obtaining reference information regarding prospective
volunteers, the District shall proceed as established by regulations of the State Board of
Education or according to direction from the State Office of Education.
Utah Code § 53A-6-402(4) (2015)
Employee Reference and Letter of Recommendations - DJ
Issue Date: 9.16.2015 Page 2 of 2
The District shall also obtain information from an applicant or prospective volunteer as provided
for in Policy DAC, Employment: Background Checks and may request such other information.
consistent with state or federal law, as may be appropriate in evaluating the applicant or
prospective volunteer.
Utah Code § 53A-15-1511 (2016)
Who May Give Information Regarding Ex-Employees
The Superintendent or the Principal of a school in which an employee previously worked may
provide information in response to requests by prospective employers of former employees.
Information to be Given to the State Board of Education
The District shall upon request provide to the State Board of Education a recommendation or
other information, which has significance in evaluating the license of an educator or education
license holder, or the potential licensure of an education license applicant.employment or
licensure of a current or prospective school employee, an educator, an education license holder,
or an education license applicant.
Utah Code §53A-6-402(2) (2015)(2016)
Information that May Be Given
Information may be provided that could have significance in evaluating the employment or
licensure of an employee, including:
1. The dates of commencement and end of employment in the School District;
2. Whether the job performance was rated excellent, good, satisfactory, needs improvement
or unsatisfactory in evaluations during the last two years of employment or any like
rating of performance;
3. Any statements in the employee file regarding professional conduct;
4. Any reasons stated for termination of employment or probation; and
5. Any statements regarding sexual harassment or conduct that may be criminal in nature if
charges were actually filed.
Utah Code Ann. § 53A-6-402 (2015)(2016)
Letters of Recommendation
The Superintendent or a school principal having had administrative duties in relation to a former
employee may provide a “letter of recommendation” for use by a former employee that assesses
the job performance and professional conduct of the former employee.
