53E-6-604.5. Restrictions on employment and volunteer service following license suspension or revocation.

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Effective 5/6/2026

(1)As used in this section:

(a)"Qualifying serious misconduct" means conduct that:

(i)caused actual physical, emotional, or psychological harm to a child;

(ii)created a credible risk of harm to a child;

(iii)involved sexual misconduct, grooming, or boundary violations;

(iv)involved abuse, exploitation, violence, or serious endangerment; or

(v)demonstrates an ongoing threat to student safety.

(b)"Technical violation" means conduct that:

(i)involved administrative or documentation errors;

(ii)involved procedural or communication failures;

(iii)involved record keeping mistakes;

(iv)involved unintentional misstatements unrelated to student safety; or

(v)constituted a technical violation of licensing standards that lacks evidence of actual harm or credible risk of harm to students.

(a)Beginning with cases opened on or after May 6, 2026, if the state board revokes an educator's license under Subsection 53E-6-604(5)(b) or for qualifying serious misconduct, a public school may not:

(i)employ the educator in the public school in a paid or unpaid capacity; or

(ii)allow the educator to volunteer in the public school.

(b)The restriction described in Subsection (2)(a) applies automatically upon the effective date of the license revocation.

(a)If the state board revokes an educator's license for conduct that does not constitute qualifying serious misconduct under Subsection

(2), the restriction described in Subsection (2)(a) applies only if the state board issues written findings that:

(i)identify a specific, articulable risk to students or the school environment based on the educator's conduct; and

(ii)explain why a lesser restriction is insufficient to protect student safety.

(b)If the state board does not issue the written findings described in Subsection (3)(a) , a public school may employ the educator in a capacity that does not require a license or allow the educator to volunteer in the public school, subject to:

(i)the public school's employment and volunteer policies; and

(ii)any other applicable employment or volunteer screening requirements the LEA establishes.

(a)If the state board suspends an educator's license for qualifying serious misconduct, a public school may not, during the period of suspension:

(i)employ the educator in the public school in a paid or unpaid capacity; or

(ii)allow the educator to volunteer in the public school.

(b)The restriction described in Subsection (4)(a) applies automatically upon the effective date of the license suspension.

(a)If the state board suspends an educator's license for conduct that does not constitute qualifying serious misconduct under Subsection

(4), the restriction described in Subsection (4)(a) applies during the period of suspension only if the state board issues written findings that:

(i)identify a specific, articulable risk to students or the school environment based on the educator's conduct; and

(ii)explain why allowing the educator to work or volunteer in a public school during the suspension period, even in a capacity not requiring a license, would be insufficient to protect student safety.

(b)If the state board does not issue the written findings described in Subsection (5)(a) , the educator may, during the period of suspension:

(i)work in a public school in a capacity that does not require a license; or

(ii)volunteer in a public school, subject to any other applicable employment or volunteer screening requirements.

(6)The state board may not issue a restriction described in Subsection (2)(a) or (4)(a) for a technical violation unless:

(a)the educator engaged in a pattern of repeated technical violations that demonstrates disregard for licensing standards; and

(b)the state board issues written findings that:

(i)document the pattern of repeated violations;

(ii)identify a specific, articulable risk to students or the school environment; and

(iii)explain why a lesser sanction is insufficient.

(a)The written findings required under Subsections (3)(a) , (5)(a), and (6)(b) shall:

(i)be based on evidence presented during the UPPAC hearing or investigation;

(ii)address the specific circumstances of the educator's conduct;

(iii)consider any mitigating factors; and

(iv)explain the basis for the determination that the restriction is necessary and proportional.

(b)The state board shall provide the educator with a copy of the written findings required under this section.

(8)This section does not limit:

(a)the authority of a public school to establish and enforce employment and volunteer policies that are more restrictive than the requirements of this section;

(b)the authority of the state board to impose conditions or restrictions on an educator's license under Subsection 53E-6-604(5)(a)(v) or

(vii); or

(c)the requirement under Section 53E-6-201 that an individual employed in a position requiring licensure hold an appropriate license.

(9)Nothing in this section:

(a)permits an individual to work in a position requiring licensure without holding the appropriate license as required by Section 53E-6-201 ;

(b)prohibits the board from establishing rules regarding conduct that is not a qualifying serious misconduct or a technical violation; and

(c)prohibits the state board from considering aggravating or mitigating factors that may vary in each case.

Enacted by Chapter 490 , 2026 General Session