Utah Code 53E-6-402. State board-required licensing or employment recommendations — Local public school-required licensing recommendations — Notice requirements for affected parties — Exemption from liability
Current as of: 2024 | Check for updates
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Terms Used In Utah Code 53E-6-402
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Educator: means :(2)(a) a person who holds a license;(2)(b) a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or(2)(c) a person who is the subject of an allegation which has been received by an LEA, the state board, or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102
- License: means an authorization issued by the state board that permits the holder to serve in a professional capacity in the public schools. See Utah Code 53E-6-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State board: means the State Board of Education. See Utah Code 53E-1-102
(1)(a) The state board shall provide the appropriate administrator of a public or private school or of an agency outside the state that is responsible for licensing or certifying educational personnel with a recommendation or other information possessed by the state board that has significance in evaluating the employment or license of:(1)(a)(i) a current or prospective school employee;(1)(a)(ii) an educator or education license holder; or(1)(a)(iii) a license applicant.(1)(b) Information supplied under Subsection (1)(a) shall include:(1)(b)(i) the complete record of a hearing; and(1)(b)(ii) the investigative report for matters that:(1)(b)(ii)(A) the educator has had an opportunity to contest; and(1)(b)(ii)(B) did not proceed to a hearing.(2) At the request of the state board, an administrator of a public school or school district shall, and an administrator of a private school may, provide the state board with a recommendation or other information possessed by the school or school district that has significance in evaluating the:(2)(a) license of an educator or education license holder; or(2)(b) potential licensure of a license applicant.(3) If the state board decides to deny licensure or to take action against an educator’s license based upon information provided under this section, the state board shall:(3)(a) give notice of the information to the educator or license applicant; and(3)(b) afford the educator or license applicant an opportunity to respond to the information.(4) A person who, in good faith, provides a recommendation or discloses or receives information under this section is exempt from civil and criminal liability relating to that recommendation, receipt, or disclosure.