53E-6-703. Professional competence or performance — Administrative hearing by local school board — Action on complaint.
| (1) |
Terms Used In Utah Code 53E-6-703- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Local school board: means a board elected under 2. See Utah Code 53E-1-102
- Parent: means a parent or legal guardian. See Utah Code 53E-1-102
- 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
- State board: means the State Board of Education. See Utah Code 53E-1-102
| (a) |
No civil action by or on behalf of a student relating to the professional competence or performance of a licensed employee of a school district, or to the discipline of students by a licensed employee, application of in loco parentis, or a violation of ethical conduct by an employee of a school district, may be brought in a court until at least 60 days after the filing of a written complaint with the local school board of the district, or until findings have been issued by the local school board after a hearing on the complaint, whichever is sooner. |
| (b) |
As used in Subsection (1)(a), “in loco parentis” means the power of professional school personnel to exercise the rights, duties, and responsibilities of a reasonable, responsible parent in dealing with students in school-related matters. |
| (c) |
A parent of a student has standing to file a civil action against an employee who provides services to a school attended by the student. |
|
| (2) |
Within 15 days of receiving a complaint under Subsection (1), a local school board may elect to refer the complaint to the state board. |
| (3) |
If a complaint is referred to the state board, no civil action may be brought in a court on matters relating to the complaint until the state board has provided a hearing and issued its findings or until 90 days after the filing of the complaint with the local school board, whichever is sooner. |
Amended by Chapter 186, 2019 General Session
