Terms Used In Utah Code > Title 23A > Chapter 4 > Part 3 - Special Circumstances

• Administrator: means an individual who supervises educators and holds an appropriate license. See Utah Code 53G-11-501
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Authorized entity: means an LEA, qualifying private school, or the state board that is authorized to request a background check and ongoing monitoring under this part. See Utah Code 53G-11-401
• Bureau: means the Bureau of Criminal Identification within the Department of Public Safety created in Section 53-10-201. See Utah Code 53G-11-401
• Career educator: means a licensed employee who has a reasonable expectation of continued employment under the policies of a local school board. See Utah Code 53G-11-501
• Career employee: means an employee of a school district who has obtained a reasonable expectation of continued employment based upon Section 53G-11-503 and an agreement with the employee or the employee's association, district practice, or policy. See Utah Code 53G-11-501
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• Chronically absent: means a student who:
       (4)(a) was enrolled in an LEA for at least 60 calendar days; and
       (4)(b) missed 10% or more days of instruction, whether the absence was excused or not. See Utah Code 53G-11-501
• Contract: A legal written agreement that becomes binding when signed.
• Contract employee: means an employee of a staffing service or other entity who works at a public or private school under a contract. See Utah Code 53G-11-401
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• district: means :
       (14)(a) a public school district; or
       (14)(b) the Utah Schools for the Deaf and the Blind. See Utah Code 53G-11-501
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Educator: means an individual employed by a school district who is required to hold a professional license issued by the state board, except:
       (7)(a) a superintendent; or
       (7)(b) an individual who works less than three hours per day or is hired for less than half of a school year. See Utah Code 53G-11-501
• educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 53G-11-301
• Employee: means a career or provisional employee of a school district, except as provided in Subsection (7)(b). See Utah Code 53G-11-501
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• FBI: means the Federal Bureau of Investigation. See Utah Code 53G-11-401
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License applicant: includes an applicant for reinstatement of an expired, lapsed, suspended, or revoked license. See Utah Code 53G-11-401
• Non-licensed employee: means an employee of an LEA or qualifying private school that does not hold a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure. See Utah Code 53G-11-401
• Oversight: Committee review of the activities of a Federal agency or program.
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• 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
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• Personal identifying information: means :
       (7)(a) current name, former names, nicknames, and aliases;
       (7)(b) date of birth;
       (7)(c) address;
       (7)(d) telephone number;
       (7)(e) driver license number or other government-issued identification number;
       (7)(f) social security number; and
       (7)(g) fingerprints. See Utah Code 53G-11-401
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Provisional educator: means an educator employed by a school district who has not achieved status as a career educator within the school district. See Utah Code 53G-11-501
• Provisional employee: means an individual, other than a career employee or a temporary employee, who is employed by a school district. See Utah Code 53G-11-501
• Qualifying private school: means a private school that:
       (9)(a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship Program; and
       (9)(b) is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. See Utah Code 53G-11-401
• Rap back system: means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system. See Utah Code 53G-11-401
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• School board: means a local school board or, for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53G-11-501
• 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
• Statute: A law passed by a legislature.
• Summative evaluation: means an evaluation that:
       (15)(a) a supervisor conducts;
       (15)(b) summarizes an educator's performance during an evaluation cycle; and
       (15)(c) a supervisor or school district may use to make decisions related to an educator's employment. See Utah Code 53G-11-501
• Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
• Temporary employee: means an individual who is employed on a temporary basis as defined by policies adopted by the school board. See Utah Code 53G-11-501
• term of employment: means the period of time during which an employee is engaged by the school district under a contract of employment, whether oral or written. See Utah Code 53G-11-501
• termination: means :
       (6)(a) termination of the status of employment of an employee;
       (6)(b) failure to renew or continue the employment contract of a career employee beyond the then-current school year;
       (6)(c) reduction in salary of an employee not generally applied to all employees of the same category employed by the school district during the employee's contract term; or
       (6)(d) change of assignment of an employee with an accompanying reduction in pay, unless the assignment change and salary reduction are agreed to in writing. See Utah Code 53G-11-501
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unsatisfactory performance: means a deficiency in performing work tasks that may be:
            (17)(a)(i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
            (17)(a)(ii) remediated through training, study, mentoring, or practice. See Utah Code 53G-11-501
• Veteran: means an individual who:
            (44)(a)(i) has served in the United States Armed Forces for at least 180 days:

                 (44)(a)(i)(A) on active duty; or

                 (44)(a)(i)(B) in a reserve component, to include the National Guard; or
            (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
            (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• WIN Database: means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database. See Utah Code 53G-11-401
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5