53E-6-402.
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/ut/title-53e/chapter-6/53e-6-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/14/2019
53E-6-402. State board-required licensing or employment recommendations -- Local public school-required licensing recommendations -- Notice requirements for affected parties -- Exemption from liability.
(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.
Amended by Chapter 186 , 2019 General Session