Utah Code 53E-6-603. Ineligibility for educator license
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(1) The state board may refuse to issue a license to a license applicant if the state board finds good cause for the refusal, including behavior of the applicant:
Terms Used In Utah Code 53E-6-603
- Allegation: something that someone says happened.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:
(1) appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and(2) obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601- LEA: means :
(6)(a) a school district;(6)(b) a charter school; or(6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102- 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- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
- UPPAC: means the Utah Professional Practices Advisory Commission. See Utah Code 53E-6-102
(1)(a) found pursuant to a criminal, civil, or administrative matter after reasonable opportunity for the applicant to contest the allegation; and(1)(b) considered, as behavior of an educator, to be:(1)(b)(i) immoral, unprofessional, or incompetent behavior; or(1)(b)(ii) a violation of standards of ethical conduct, performance, or professional competence.(2) The state board may not issue, renew, or reinstate an educator license if the license applicant or educator:(2)(a) was convicted of a felony of a sexual nature;(2)(b) pled guilty to a felony of a sexual nature;(2)(c) entered a plea of no contest to a felony of a sexual nature;(2)(d) entered a plea in abeyance to a felony of a sexual nature;(2)(e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against a minor child;(2)(f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor;(2)(g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who:(2)(g)(i) is not enrolled in an adult education program in an LEA;(2)(g)(ii) is not a minor; and(2)(g)(iii)(2)(g)(iii)(A) is enrolled in an LEA where the license applicant or educator is employed; or(2)(g)(iii)(B) is a participant in an extracurricular program in which the educator is involved; or(2)(h) admits to the state board or UPPAC that the license applicant or educator committed conduct that amounts to:(2)(h)(i) a felony of a sexual nature; or(2)(h)(ii) a sexual offense or sexually explicit conduct described in Subsection (2)(e), (f), or (g).(3) If an individual is ineligible for licensure under Subsection (1) or (2), a public school may not:(3)(a) employ the person in the public school; or(3)(b) allow the person to volunteer in the public school.(4)(4)(a) If the state board denies licensure under this section, the state board shall immediately notify the applicant of:(4)(a)(i) the denial; and(4)(a)(ii) the applicant’s right to request a hearing before UPPAC.(4)(b) Upon receipt of a notice described in Subsection (4)(a), an applicant may, within 30 days after the day on which the applicant received the notice, request a hearing before UPPAC for the applicant to review and respond to all evidence upon which the state board based the denial.(4)(c) If the state board receives a request for a hearing described in Subsection (4)(b), the state board shall direct UPPAC to hold a hearing.