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
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)
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 :
(a)
a person who holds a license;
(b)
a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or
(c)
a person who is the subject of an allegation which has been received by 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
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
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.
