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H.B. 303

             1     

DISCLOSURE OF INFORMATION RELATING

             2     
TO PRIOR SCHOOL EMPLOYMENT

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Sheryl L. Allen

             6      AN ACT RELATING TO PUBLIC SCHOOLS; PROVIDING THAT AN APPLICANT FOR A
             7      TEACHER'S LICENSE PROVIDE THE LICENSING AUTHORITY WITH AN AFFIDAVIT
             8      LISTING THE HIGHER EDUCATION INSTITUTIONS ATTENDED BY THE APPLICANT
             9      AND WHETHER THE APPLICANT'S ENROLLMENT OR ELIGIBILITY FOR COMPLETION
             10      OF A PROGRAM WAS TERMINATED BY THE INSTITUTIONS, AND THE REASONS FOR
             11      THE TERMINATION; AND REQUIRING A RELEASE FROM AN APPLICANT TO OBTAIN
             12      RECORDS REGARDING THE APPLICANT'S PAST CONDUCT FROM INSTITUTIONS OF
             13      HIGHER EDUCATION AND FORMER SCHOOL EMPLOYERS.
             14      This act affects sections of Utah Code Annotated 1953 as follows:
             15      AMENDS:
             16          53A-6-404, as enacted by Chapter 108, Laws of Utah 1999
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 53A-6-404 is amended to read:
             19           53A-6-404. Certification in other jurisdictions -- Impact on licensing in Utah.
             20          (1) An applicant for a license, renewal of a license, or reinstatement of a license shall
             21      provide the administrator of teacher licensing with an affidavit, stating under oath the current
             22      status of any certificate, license, or other authorization required for a professional position in
             23      education, which the applicant holds or has held in any other jurisdiction.
             24          (2) An applicant for a license who has held a teacher's license in any other jurisdiction or
             25      who graduated from an institution of higher education in another state shall also provide the
             26      administrator of teacher licensing with:
             27          (a) a complete listing of the higher education institutions attended by the applicant,


             28      whether the applicant's enrollment or eligibility for completion of a program was terminated by
             29      the institution, and, if so, the reasons for termination;
             30          (b) a complete list of prior school employers; and
             31          (c) a release on a form provided by the administrator permitting the office to obtain records
             32      from other jurisdictions and from institutions of higher education attended by the applicant,
             33      including expunged or otherwise protected records, relating to any offense described substantially
             34      in the same language as in Subsection 53A-6-401 (4).
             35          [(2)] (3) If the applicant's certificate, license, or authorization as an educator in any other
             36      jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is
             37      currently not valid for any other reason, [then] the office may not grant the requested license,
             38      renewal, or reinstatement until it has received confirmation from the administrator of professional
             39      certification in that jurisdiction that the applicant would be eligible for certification or licensure
             40      in that jurisdiction.
             41          [(3)] (4) The office may not withhold a license for the sole reason that the applicant would
             42      be ineligible for certification, licensure, or authorization in the jurisdiction referred to in
             43      Subsection [(2)] (3) because of failure to meet current requirements in that jurisdiction relating to
             44      education, time in service, or residence.




Legislative Review Note
    as of 1-25-00 8:11 AM


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

Office of Legislative Research and General Counsel


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