Board debates background checks for parents' designees aiding toilet training; adds draft language and refers matter to committee

The Utah State Board of Education debated a proposed amendment to R277-316, the professional standards and training rule for nonlicensed employees and volunteers. Member Boggess moved to require that an LEA policy "shall require background check for a parent or parent's designee present in the classroom," citing Utah Code 53G-7-203; board members later amended that language to limit the requirement to individuals present "for the purpose of aiding in toilet training." The amendment adding the toilet-training limitation passed 10 to 5. The board then voted to defer consideration of the amendment for committee review tied to the toilet-training rule and approved the underlying draft 1 of R277-316; the referral passed 14 to 1, and the continuation/approval of the draft passed 14 to 1.

Member Boggess, who moved the initial amendment, said the change responds to safety concerns about adults entering student restrooms: "If we have individuals in our schools for the purposes of entering our public restrooms and helping students take care of their business regardless of background check. There's great risk in having adults enter the restrooms of our students, and we need to do our due diligence to ensure that our students are safe." Several board members raised process, burden and implementation concerns. Vice Chair Hart and Member Carey both said local education agencies (LEAs) already treat parents who assist students as volunteers and that practical problems arise when schools must summon a parent immediately following an incident. Member Carey asked how LEAs would handle background-check results that show noncriminal but disqualifying records and whether schools would have to tell parents they could no longer assist their child.

Legal and implementation clarifications were offered on the record. Ben Rasmussen, director of law and professional practices, and Director Asperson noted that LEAs already set procedures for background checks and reviewing criminal-history results; Rasmussen and staff said the board could address specific procedural details in the separate toilet-training rule that the board plans to consider in committee. Malia Hyde, executive coordinator of educator licensing, explained that educator licensing requires a Social Security number for licensure; staff said questions about citizenship and employment eligibility are handled by LEAs in hiring and by licensing rules, not by this nonlicensed-employee rule.

On votes: the board recorded that the amendment to add the toilet-training limitation passed 10 to 5 (no votes named in that tally were Chair Maas, Member Jaime, Member Rio, Member Lear and Member Carey). The board subsequently voted to defer and refer the proposed amendment language to committee in connection with the toilet-training rule; that referral passed 14 to 1, with Member Lear recorded as the lone no vote. Finally, the board approved continuation of R277-316 draft 1 (the underlying rule text, not incorporating the proposed amendments) by a 14 to 1 vote; Member Klein cast the lone no vote on that final action.

The transcript shows the board tried to balance immediate safety concerns with operational burdens on LEAs. Several members urged clarity that the requirement would apply only to consistent, ongoing designees assisting with toilet training and not to brief, incidental parent visits such as holiday classroom events. Board members directed staff and committee work to reconcile the elements — background-check procedures, where toilet training occurs (single-use vs. multi-stall restrooms), and LEA protocols for reviewing background-check results — when the amendment is taken up alongside the toilet-training rule in committee.