Utah Code 53E-6-702. Reimbursement of legal fees and costs to educators

53E-6-702. Reimbursement of legal fees and costs to educators.

(1)

As used in this section:

Terms Used In Utah Code 53E-6-702

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

LEA: means :

(a)	a school district;

(b)	a charter school; or

(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

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

(a)

“Action” means any action, except those referred to in Section 52-6-201, brought against an educator by an individual or entity other than:

(i)	the entity who licenses the educator; and

(ii)	the LEA that employs the educator or employed the educator at the time of the alleged act or omission.

(b)	“Educator” means an individual who holds or is required to hold a license as defined by the state board and is employed by an LEA located within the state.

(2)

Except as otherwise provided in Section 52-6-201, an educator is entitled to recover reasonable attorneys’ fees and costs incurred in the educator’s defense against an individual or entity who initiates an action against the educator if:

(a)	the action is brought for any act or omission of the educator during the performance of the educator’s duties within the scope of the educator’s employment; and

(b)	it is dismissed or results in findings favorable to the educator.

(3)	An educator who recovers under this section is also entitled to recover reasonable attorneys’ fees and costs necessarily incurred by the educator in recovering the attorneys’ fees and costs allowed under Subsection (2).

Amended by Chapter 186, 2019 General Session

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