H.B. 232 Enrolled

REIMBURSEMENT OF LEGAL FEES AND COSTS TO EDUCATORS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Matt Throckmorton
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT EDUCATORS MAY
RECOVER ATTORNEYS' FEES AND COSTS IN ACTIONS AGAINST THEM THAT ARE
DISMISSED OR RESULT IN FINDINGS FAVORABLE TO THE EDUCATOR.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53A-6-503, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-6-503 is enacted to read:
53A-6-503. Reimbursement of legal fees and costs to educators.
(1) As used in this section:
(a) "Action" means any action, except those referred to in Section 63-30a-2 , brought
against an educator by an individual or entity other than:
(i) the entity who licenses the educator; and
(ii) the school district that employs the educator or employed the educator at the time of
the alleged act or omission.
(b) "Educator" means an individual who holds or is required to hold a license under this
chapter and is employed by a school district located within the state.
(c) "School district" includes the Schools for the Deaf and the Blind and the state's applied
technology centers.
(2) Except as otherwise provided in Section 63-30a-2 , an educator is entitled to recover
reasonable attorneys' fees and costs incurred in his defense against an individual or entity who
initiates an action against the educator if:
(a) the action is brought for any act or omission of the educator during the performance
of the educator's duties within the scope of the educator's employment; and
(b) it is dismissed or results in findings favorable to the educator.

(3) An educator who recovers under this section is also entitled to recover reasonable
attorneys' fees and costs necessarily incurred by the educator in recovering the attorneys' fees and
costs allowed under Subsection (2).

- 2 -