Utah Code § 53E-6-402

Current through the 2024 Fourth Special Session

Section 53E-6-402 - State board-required licensing or employment recommendations - Local public school-required licensing recommendations - Notice requirements for affected parties - Exemption from liability

(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:

(i) a current or prospective school employee;

(ii) an educator or education license holder; or

(iii) a license applicant.

(b) Information supplied under Subsection (1)(a) shall include:

(i) the complete record of a hearing; and

(ii) the investigative report for matters that:

(A) the educator has had an opportunity to contest; and

(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:

(a) license of an educator or education license holder; or

(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:

(a) give notice of the information to the educator or license applicant; and

(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.

Utah Code § 53E-6-402

Amended by Chapter 186, 2019 General Session ,§ 100, eff. 5/14/2019.

Renumbered from § 53A-6-402 by Chapter 1, 2018 General Session ,§ 147, eff. 1/24/2018.

Amended by Chapter 199, 2016 General Session ,§ 1, eff. 5/10/2016.

Amended by Chapter 311, 2015 General Session ,§ 3, eff. 7/1/2015.

Repealed and renacted by Chapter 108, 1999 General Session