H.B. 165

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EDUCATIONAL PROFESSIONAL PRACTICES
2 AMENDMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Richard M. Siddoway
6 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT WHERE
7 REASONABLE CAUSE EXISTS, THE PROFESSIONAL PRACTICES COMMISSION
8 MAY INITIATE CRIMINAL BACKGROUND CHECKS ON PUBLIC EDUCATOR
9 CERTIFICATE HOLDERS; AND ASSIGNING RESPONSIBILITY FOR NOTIFICATION
10 AND THE PAYMENT OF PROCEDURES.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 53A-7-110, as last amended by Chapters 79 and 106, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 53A-7-110 is amended to read:
16 53A-7-110. Powers and duties.
17 (1) The commission:
18 (a) shall make recommendations to the State Board of Education and professional
19 organizations of educators:
20 (i) concerning standards of professional performance, competence, and ethical conduct for
21 persons holding certificates issued by the board; and
22 (ii) for the improvement of the education profession;
23 (b) shall adopt rules to carry out the purposes of this chapter;
24 (c) shall establish procedures for receiving and acting upon charges and recommendations
25 regarding immoral, unprofessional, or incompetent conduct, unfitness for duty, or other violations
26 of standards of ethical conduct, performance, and professional competence;
27 (d) shall establish the manner in which hearings are conducted and reported, and

1 recommendations are submitted to the State Board of Education for its action;
2 (e) may:
3 (i) warn or reprimand a certificate holder;
4 (ii) recommend that the State Board of Education revoke or suspend a certificate, or
5 restrict or prohibit recertification;
6 (iii) enter into a written agreement requiring a current or former educator who has been
7 the subject of a commission action to demonstrate to the satisfaction of the commission that the
8 individual is rehabilitated and will conform to standards of professional performance, competence,
9 and ethical conduct; or
10 (iv) take other appropriate action; [and]
11 (f) may administer oaths, issue subpoenas, and make investigations relating to any matter
12 before the commission[.]; and
13 (g) where reasonable cause exists, may initiate a criminal background check on a
14 certificate holder:
15 (i) the certificate holder shall receive written notice if a fingerprint check is requested as
16 a part of the background check;
17 (ii) fingerprints of the individual shall be taken, and the Law Enforcement and Technical
18 Services Division of the Department of Public Safety shall release the individual's full record, as
19 shown on state, regional, and national records, to the commission; and
20 (iii) the commission shall pay the cost of the background check except as provided under
21 Section 53A-6-103, and the moneys collected shall be credited to the Law Enforcement and
22 Technical Services Division to offset its expenses.
23 (2) (a) In fulfilling its duty under Subsection (1) (c), the commission shall investigate any
24 allegation of sexual abuse of a student or a minor by an educator whether or not the educator has
25 surrendered his certificate without a hearing.
26 (b) The investigation shall be independent of and separate from any criminal investigation.
27 (c) The commission may receive any evidence related to the allegation of sexual abuse,
28 including sealed or expunged records released to the board under Section 77-18-15.
29 (3) In making recommendations under Subsection (1)(e)(ii), the commission shall use a
30 preponderance of evidence standard in its hearings as the basis for recommending revocation or
31 suspension of a certificate or restriction or prohibition of recertification.

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Legislative Review Note
as of 1-28-98 3:02 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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