1     
EDUCATION LICENSING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to licensing in the public education system.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to licensing:
13               •     ineligibility;
14               •     disciplinary action; and
15               •     hearings;
16          ▸     gives rulemaking authority; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53A-6-405, as repealed and reenacted by Laws of Utah 2015, Chapter 311
25          53A-6-501, as repealed and reenacted by Laws of Utah 2015, Chapter 311
26          53A-6-602, as enacted by Laws of Utah 1999, Chapter 108
27          53A-6-604, as last amended by Laws of Utah 2015, Chapter 311

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53A-6-405 is amended to read:
31          53A-6-405. Ineligibility for educator license.
32          (1) The board may refuse to issue a license to a license applicant if the board finds
33     good cause for the refusal, including behavior of the applicant:
34          (a) found pursuant to a criminal, civil, or administrative matter after reasonable
35     opportunity for the applicant to contest the allegation; and
36          (b) considered, as behavior of an educator, to be:
37          (i) immoral, unprofessional, or incompetent behavior; or
38          (ii) a violation of standards of ethical conduct, performance, or professional
39     competence.
40          (2) The board may not issue, renew, or reinstate an educator license if the license
41     applicant or educator:
42          (a) was convicted of a felony of a sexual nature;
43          (b) pled guilty to a felony of a sexual nature;
44          (c) entered a plea of no contest to a felony of a sexual nature;
45          (d) entered a plea in abeyance to a felony of a sexual nature;
46          (e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
47     Offenses, against a minor child;
48          (f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
49     [student who is a] minor;
50          (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
51     student who is:
52          (i) not a minor; and
53          (ii) enrolled in a school where the license applicant or educator is or was employed; or
54          (h) admits to the board or UPPAC that the license applicant or educator committed
55     conduct that amounts to:
56          (i) a felony of a sexual nature; or
57          (ii) a sexual offense or sexually explicit conduct described in Subsection (2)(e), (f), or
58     (g).

59          (3) If an individual is ineligible for licensure under Subsection (1) or (2), a public
60     school may not:
61          (a) employ the person in the public school; or
62          (b) allow the person to volunteer in the public school.
63          (4) (a) If the board denies licensure under this section, the board shall immediately
64     notify the applicant of:
65          (i) the denial; and
66          (ii) the applicant's right to request a hearing before UPPAC.
67          (b) Upon receipt of a notice described in Subsection (4)(a), an applicant may, within 30
68     days after the day on which the applicant received the notice, request a hearing before UPPAC
69     for the applicant to review and respond to all evidence upon which the board based the denial.
70          (c) If the board receives a request for a hearing described in Subsection (4)(b), the
71     board shall direct UPPAC to hold a hearing.
72          Section 2. Section 53A-6-501 is amended to read:
73          53A-6-501. Board disciplinary action against an educator.
74          (1) (a) The board shall direct UPPAC to investigate an allegation, administrative
75     decision, or judicial decision that evidences an educator is unfit for duty because the educator
76     exhibited behavior that:
77          (i) is immoral, unprofessional, or incompetent; or
78          (ii) violates standards of ethical conduct, performance, or professional competence.
79          (b) If the board determines an allegation or decision described in Subsection (1)(a)
80     does not evidence an educator's unfitness for duty, the board may dismiss the allegation or
81     decision without an investigation or hearing.
82          (2) The board shall direct UPPAC to investigate and allow an educator to respond in a
83     UPPAC hearing if the board receives an allegation that the educator:
84          (a) was charged with a felony of a sexual nature;
85          (b) was convicted of a felony of a sexual nature;
86          (c) pled guilty to a felony of a sexual nature;
87          (d) entered a plea of no contest to a felony of a sexual nature;
88          (e) entered a plea in abeyance to a felony of a sexual nature;
89          (f) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual

90     Offenses, against a minor child;
91          (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
92     [student who is a] minor; or
93          (h) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
94     student who is:
95          (i) not a minor; and
96          (ii) enrolled in a school where the educator is or was employed.
97          (3) Upon notice that an educator allegedly violated Section 53A-6-502, the board shall
98     direct UPPAC to:
99          (a) investigate the alleged violation; and
100          (b) hold a hearing to allow the educator to respond to the allegation.
101          (4) Upon completion of an investigation or hearing described in this section, UPPAC
102     shall:
103          (a) provide findings to the board; and
104          (b) make a recommendation for board action.
105          (5) (a) Except as provided in Subsection (5)(b), upon review of UPPAC's findings and
106     recommendation, the board may:
107          (i) revoke the educator's license;
108          (ii) suspend the educator's license;
109          (iii) restrict or prohibit the educator from renewing the educator's license;
110          (iv) warn or reprimand the educator;
111          (v) enter into a written agreement with the educator that requires the educator to
112     comply with certain conditions;
113          (vi) direct UPPAC to further investigate or gather information; or
114          (vii) take other action the board finds to be appropriate for and consistent with the
115     educator's behavior.
116          (b) Upon review of UPPAC's findings and recommendation, the board shall revoke the
117     license of an educator who:
118          (i) was convicted of a felony of a sexual nature;
119          (ii) pled guilty to a felony of a sexual nature;
120          (iii) entered a plea of no contest to a felony of a sexual nature;

121          (iv) entered a plea in abeyance to a felony of a sexual nature;
122          (v) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
123     Offenses, against a minor child;
124          (vi) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
125     [student who is a] minor;
126          (vii) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
127     student who is:
128          (A) not a minor; and
129          (B) enrolled in a school where the educator is or was employed; or
130          (viii) admits to the board or UPPAC that the applicant committed conduct that amounts
131     to:
132          (A) a felony of a sexual nature; or
133          (B) a sexual offense or sexually explicit conduct described in Subsection (5)(b)(v), (vi),
134     or (vii).
135          (c) The board may not reinstate a revoked license.
136          (d) Before the board takes adverse action against an educator under this section, the
137     board shall ensure that the educator had an opportunity for a UPPAC hearing.
138          (6) The board shall make rules to administer this section, including rules to regulate
139     action taken by the board under Subsection (5)(a)(vii).
140          Section 3. Section 53A-6-602 is amended to read:
141          53A-6-602. Designation of hearing officer or panel -- Review -- Official findings.
142          (1) UPPAC or a state or local school board charged with responsibility for conducting
143     a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the
144     hearing and make recommendations concerning findings.
145          (2) (a) UPPAC or the school board shall review the record of the hearing and the
146     recommendations[, and may obtain and review, in the presence of the parties or their
147     representatives, additional relevant information, prior to issuing official findings].
148          (b) Before issuing official findings, the board, a local school board, or UPPAC, upon
149     reviewing a record of a hearing under Subsection (2)(a), may request or obtain additional
150     relevant information if the board, the local school board, or UPPAC affords the parties an
151     opportunity to be present when the board, the local school board, or UPPAC reviews the

152     information.
153          (c) If the board, a local school board, or UPPAC obtains additional relevant
154     information in accordance with Subsection (2)(b), the board, the local school board, or UPPAC
155     may deliberate privately before issuing official findings.
156          (3) UPPAC shall provide a panel of its members to serve as fact finders in a hearing at
157     the request of the educator who is the subject of the hearing.
158          Section 4. Section 53A-6-604 is amended to read:
159          53A-6-604. Rules for conducting hearings -- Standard of proof.
160          (1) The board and each local school board shall adopt rules for the conduct of hearings
161     to ensure that requirements of due process are met.
162          (2) An accused party shall be provided not less than 15 days before a hearing with:
163          (a) notice of the hearing;
164          (b) the law, rule, or policy alleged to have been violated;
165          (c) sufficient information about the allegations and the evidence to be presented in
166     support of the allegations to permit the accused party to prepare a meaningful defense; and
167          (d) [a copy of] an Internet address where the accused party can access the rules under
168     which the hearing will be conducted.
169          (3) If an accused party fails to request a hearing within 30 days after written notice is
170     sent to the party's address as shown on the records of the local board, for actions taken under
171     the auspices of a local board, or on the records of the board, for actions taken under the
172     auspices of the board, then the accused party shall be considered to have waived the right to a
173     hearing and the action may proceed without further delay.
174          (4) Hearing fact finders shall use the preponderance of evidence standard in deciding
175     all questions unless a higher standard is required by law.
176          (5) Unless otherwise provided in this title, the decisions of state and local boards are
177     final determinations under this section, appealable to the appropriate court for review.
178          (6) The board shall make rules to protect the rights of the following during a hearing:
179          (a) a victim who is younger than 18 years old; and
180          (b) a victim who receives special education services from an LEA under the
181     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.







Legislative Review Note
Office of Legislative Research and General Counsel