53E-6-701.  Mandatory reporting of physical or sexual abuse of students.

(1)  For purposes of this section, “educator” means, in addition to a person included under Section 53E-6-102, a person, including a volunteer or temporary employee, who at the time of an alleged offense was performing a function in a private school for which a license would be required in a public school.

Terms Used In Utah Code 53E-6-701

  • 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
  • Person: means :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
  • UPPAC: means the Utah Professional Practices Advisory Commission. See Utah Code 53E-6-102
  • (2)  In addition to any duty to report suspected cases of child abuse or neglect under Section 80-2-602, an educator who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee shall immediately report the belief and all other relevant information to the school principal, to the superintendent, or to the state board.

    (3)  A school administrator who has received a report under Subsection (2) or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to the state board.

    (4)  Upon notice that an educator allegedly violated Subsection (2) or (3), the state board shall direct UPPAC to investigate the educator’s alleged violation as described in Section 53E-6-604.

    (5)  A person who makes a report under this section in good faith shall be immune from civil or criminal liability that might otherwise arise by reason of that report.

    Amended by Chapter 335, 2022 General Session