53A-3-421. Professional competence or performance -- Administrative hearing by
local school board -- Action on complaint.
(1) (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 board of education of the district, or until findings have been
issued by the local 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 of Education.
(3) If a complaint is referred to the board, no civil action may be brought in a court on
matters relating to the complaint until the 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.
Enacted by Chapter 108, 1999 General Session
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Last revised: Thursday, May 28, 2009