reglab/housing_qa huggingface dataset:
UT Code § 53E-6-307 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 3 - Licensing Requirements|Section 307 - Certification in other jurisdictions -- Impact on licensing in Utah.

 Effective 5/14/2019  53E-6-307. Certification in other jurisdictions -- Impact on licensing in Utah.    (1) An applicant for a license, renewal of a license, or reinstatement of a license shall provide the administrator of teacher licensing with an affidavit, stating under oath the current status of any certificate, license, or other authorization required for a professional position in education, which the applicant holds or has held in any other jurisdiction.     (2) An applicant for a license who has held a teacher's license in any other jurisdiction or who graduated from an institution of higher education in another state shall also provide the administrator of teacher licensing with:   (a) a complete listing of the higher education institutions attended by the applicant, whether the applicant's enrollment or eligibility for completion of a program was terminated by the institution, and, if so, the reasons for termination;     (b) a complete list of prior school employers; and     (c) a release on a form provided by the administrator permitting the state board to obtain records from other jurisdictions and from institutions of higher education attended by the applicant, including expunged or otherwise protected records, relating to any offense described substantially in the same language as in Section 53G-11-405.       (3) If the applicant's certificate, license, or authorization as an educator in any other jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is currently not valid for any other reason, the state board may not grant the requested license, renewal, or reinstatement until it has received confirmation from the administrator of professional certification in that jurisdiction that the applicant would be eligible for certification or licensure in that jurisdiction.     (4) The state board may not withhold a license for the sole reason that the applicant would be ineligible for certification, licensure, or authorization in the jurisdiction referred to in Subsection (3) because of failure to meet current requirements in that jurisdiction relating to education, time in service, or residence.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-401 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 4 - Background and Employment Checks|Section 401 - Background checks.

 Effective 5/14/2019  53E-6-401. Background checks.  In accordance with Section 53G-11-403, the state board shall require a license applicant to submit to a criminal background check and ongoing monitoring as a condition for licensing. Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-402 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 4 - Background and Employment Checks|Section 402 - State board-required licensing or employment recommendations -- Local public school-required licensing recommendations -- Notice requirements for affected parties -- Exemption from liability.

 Effective 5/14/2019  53E-6-402. State board-required licensing or employment recommendations -- Local public school-required licensing recommendations -- Notice requirements for affected parties -- Exemption from liability.    (1)   (a) The state board shall provide the appropriate administrator of a public or private school or of an agency outside the state that is responsible for licensing or certifying educational personnel with a recommendation or other information possessed by the state board that has significance in evaluating the employment or license of:   (i) a current or prospective school employee;     (ii) an educator or education license holder; or     (iii) a license applicant.       (b) Information supplied under Subsection (1)(a) shall include:   (i) the complete record of a hearing; and     (ii) the investigative report for matters that:   (A) the educator has had an opportunity to contest; and     (B) did not proceed to a hearing.           (2) At the request of the state board, an administrator of a public school or school district shall, and an administrator of a private school may, provide the state board with a recommendation or other information possessed by the school or school district that has significance in evaluating the:   (a) license of an educator or education license holder; or     (b) potential licensure of a license applicant.       (3) If the state board decides to deny licensure or to take action against an educator's license based upon information provided under this section, the state board shall:   (a) give notice of the information to the educator or license applicant; and     (b) afford the educator or license applicant an opportunity to respond to the information.       (4) A person who, in good faith, provides a recommendation or discloses or receives information under this section is exempt from civil and criminal liability relating to that recommendation, receipt, or disclosure.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-403 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 4 - Background and Employment Checks|Section 403 - Tie-in with the Criminal Investigations and Technical Services Division.

 Effective 5/14/2019  53E-6-403. Tie-in with the Criminal Investigations and Technical Services Division.    (1) The state board shall:   (a) designate employees to act, with state board supervision, as an online terminal agency with the Department of Public Safety's Criminal Investigations and Technical Services Division under Section 53-10-108; and     (b) provide relevant information concerning current or prospective employees or volunteers upon request to other school officials as provided in Section 53E-6-402.       (2) The cost of the online service shall be borne by the entity making the inquiry.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-501 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 5 - Utah Professional Practices Advisory Commission|Section 501 - Utah Professional Practices Advisory Commission established.

 Affected by 63I-1-253 on 7/1/2023  Effective 5/14/2019  53E-6-501. Utah Professional Practices Advisory Commission established.  The Utah Professional Practices Advisory Commission, UPPAC, is established to assist and advise the state board in matters relating to the professional practices of educators. Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-502 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 5 - Utah Professional Practices Advisory Commission|Section 502 - UPPAC members -- Executive secretary.

 Affected by 63I-1-253 on 7/1/2023  Effective 5/14/2019  53E-6-502. UPPAC members -- Executive secretary.    (1) UPPAC shall consist of a nonvoting executive secretary and 11 voting members, nine of whom shall be licensed educators in good standing, and two of whom shall be members nominated by the education organization within the state that has the largest membership of parents of students and teachers.     (2) Six of the voting members shall be persons whose primary responsibility is teaching.     (3)   (a) The state superintendent shall appoint an employee to serve as executive secretary.     (b) Voting members are appointed by the state superintendent as provided under Section 53E-6-503.       (4) State board employees shall staff UPPAC activities.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-503 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 5 - Utah Professional Practices Advisory Commission|Section 503 - Nominations -- Appointment of commission members -- Reappointments.

 Affected by 63I-1-253 on 7/1/2023  Effective 5/14/2019  53E-6-503. Nominations -- Appointment of commission members -- Reappointments.    (1)   (a) The state board shall adopt rules establishing procedures for nominating and appointing individuals to voting membership on UPPAC.     (b) Nomination petitions must be filed with the state superintendent prior to June 16 of the year of appointment.     (c) A nominee for appointment as a member of UPPAC as an educator must have been employed in the representative class in the Utah public school system or a private school accredited by the state board during the three years immediately preceding the date of appointment.       (2) The state superintendent shall appoint the members of the commission.     (3) Appointments begin July 1 and are for terms of three years and until a successor is appointed.     (4) Terms of office are staggered so that approximately 1/3 of UPPAC members are appointed annually.     (5) A member may not serve more than two terms.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-504 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 5 - Utah Professional Practices Advisory Commission|Section 504 - Filling of vacancies.

 Affected by 63I-1-253 on 7/1/2023  Effective 5/14/2019  53E-6-504. Filling of vacancies.    (1) A UPPAC vacancy occurs if a member resigns, fails to attend three or more meetings during a calendar year, or no longer meets the requirements for nomination and appointment.     (2) If a vacancy occurs, the state superintendent shall appoint a successor to fill the unexpired term.     (3) If the state superintendent does not fill the vacancy within 60 days, the state board shall make the appointment.     (4) Nominations to fill vacancies are submitted to the state superintendent in accordance with procedures established under rules of the state board.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-505 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 5 - Utah Professional Practices Advisory Commission|Section 505 - Meetings and expenses of UPPAC members.

 Affected by 63I-1-253 on 7/1/2023  Effective 5/14/2019  53E-6-505. Meetings and expenses of UPPAC members.    (1) UPPAC shall meet at least quarterly and at the call of the chair or of a majority of the members.     (2) Members of UPPAC serve without compensation but are allowed reimbursement for actual and necessary expenses under the rules of the Division of Finance.     (3) The state board shall pay reimbursement to UPPAC members out of the Education Fund.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-601 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 6 - License Denial and Discipline|Section 601 - Definition.

 Effective 1/24/2018  53E-6-601. Definition.  As used in this part "hearing" means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:  (1) appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and     (2) obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so.    Renumbered and Amended by Chapter 1, 2018 General Session
UT Code § 53E-6-602 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 6 - License Denial and Discipline|Section 602 - Licensing power of the state board -- Licensing final action -- Appeal rights.

 Effective 5/14/2019  53E-6-602. Licensing power of the state board -- Licensing final action -- Appeal rights.    (1) The state board holds the power to license educators.     (2)   (a) The state board shall take final action with regard to an educator license.     (b) An entity other than the state board may not take final action with regard to an educator license.       (3)   (a) In accordance with Subsection (3)(b), a license applicant or an educator may seek judicial review of a final action made by the state board under this chapter.     (b) A license applicant or educator may file a petition for judicial review of the state board's final action if the license applicant or educator files a petition within 30 days after the day on which the license applicant or educator received notice of the final action.      Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-603 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 6 - License Denial and Discipline|Section 603 - Ineligibility for educator license.

 Effective 5/12/2020  53E-6-603. Ineligibility for educator license.    (1) The state board may refuse to issue a license to a license applicant if the state board finds good cause for the refusal, including behavior of the applicant:   (a) found pursuant to a criminal, civil, or administrative matter after reasonable opportunity for the applicant to contest the allegation; and     (b) considered, as behavior of an educator, to be:   (i) immoral, unprofessional, or incompetent behavior; or     (ii) a violation of standards of ethical conduct, performance, or professional competence.         (2) The state board may not issue, renew, or reinstate an educator license if the license applicant or educator:   (a) was convicted of a felony of a sexual nature;     (b) pled guilty to a felony of a sexual nature;     (c) entered a plea of no contest to a felony of a sexual nature;     (d) entered a plea in abeyance to a felony of a sexual nature;     (e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against a minor child;     (f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor;     (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who:   (i) is not enrolled in an adult education program in an LEA;     (ii) is not a minor; and     (iii)   (A) is enrolled in an LEA where the license applicant or educator is employed; or     (B) is a participant in an extracurricular program in which the educator is involved; or         (h) admits to the state board or UPPAC that the license applicant or educator committed conduct that amounts to:   (i) a felony of a sexual nature; or     (ii) a sexual offense or sexually explicit conduct described in Subsection (2)(e), (f), or (g).         (3) If an individual is ineligible for licensure under Subsection (1) or (2), a public school may not:   (a) employ the person in the public school; or     (b) allow the person to volunteer in the public school.       (4)   (a) If the state board denies licensure under this section, the state board shall immediately notify the applicant of:   (i) the denial; and     (ii) the applicant's right to request a hearing before UPPAC.       (b) Upon receipt of a notice described in Subsection (4)(a), an applicant may, within 30 days after the day on which the applicant received the notice, request a hearing before UPPAC for the applicant to review and respond to all evidence upon which the state board based the denial.     (c) If the state board receives a request for a hearing described in Subsection (4)(b), the state board shall direct UPPAC to hold a hearing.      Amended by Chapter 327, 2020 General Session
UT Code § 53E-6-605 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 6 - License Denial and Discipline|Section 605 - Designation of hearing officer or panel -- Review of findings.

 Effective 5/14/2019  53E-6-605. Designation of hearing officer or panel -- Review of findings.    (1) UPPAC or a state or local school board charged with responsibility for conducting a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the hearing and make recommendations concerning findings.     (2) UPPAC or the local school board shall review the record of the hearing and the recommendations, and may obtain and review, in the presence of the parties or their representatives, additional relevant information, prior to issuing official findings.     (3) UPPAC shall provide a panel of its members to serve as fact finders in a hearing at the request of the educator who is the subject of the hearing.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-606 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 6 - License Denial and Discipline|Section 606 - Administering of oaths -- Issuance of subpoenas.

 Effective 1/24/2018  53E-6-606. Administering of oaths -- Issuance of subpoenas.    (1) UPPAC or a state or local school board charged with responsibility for conducting an investigation or a hearing under this chapter may administer oaths and issue subpoenas in connection with the investigation or hearing.     (2) If a hearing is before a hearing officer or panel, the hearing officer or panel may administer oaths, and the appointing body may issue subpoenas upon the request of the hearing officer or panel.     (3) Subpoenas shall be enforced upon the petition of the issuing body by the district court in the jurisdiction where the subpoena was issued, in the same manner as subpoenas issued by the court.    Renumbered and Amended by Chapter 1, 2018 General Session
UT Code § 53E-6-607 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 6 - License Denial and Discipline|Section 607 - Policies for conducting hearings -- Standard of proof.

 Effective 5/14/2019  53E-6-607. Policies for conducting hearings -- Standard of proof.    (1) The state board and each local school board shall adopt policies for the conduct of hearings to ensure that requirements of due process are met.     (2) An accused party shall be provided not less than 15 days before a hearing with:   (a) notice of the hearing;     (b) the law, rule, or policy alleged to have been violated;     (c) sufficient information about the allegations and the evidence to be presented in support of the allegations to permit the accused party to prepare a meaningful defense; and     (d) a copy of the policies under which the hearing will be conducted.       (3) If an accused party fails to request a hearing within 30 days after written notice is sent to the party's address as shown on the records of the local school board, for actions taken under the auspices of a local school board, or on the records of the state board, for actions taken under the auspices of the state board, then the accused party shall be considered to have waived the right to a hearing and the action may proceed without further delay.     (4) Hearing fact finders shall use the preponderance of evidence standard in deciding all questions unless a higher standard is required by law.     (5) Unless otherwise provided in this public education code, the decisions of state and local school boards are final determinations under this section, appealable to the appropriate court for review.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-701 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 7 - Unprofessional and Unlawful Conduct|Section 701 - Mandatory reporting of physical or sexual abuse of students.

 Effective 5/14/2019  53E-6-701. Mandatory reporting of physical or sexual abuse of students.    (1) For purposes of this section, "educator" means, in addition to a person included under Section 53E-6-102, a person, including a volunteer or temporary employee, who at the time of an alleged offense was performing a function in a private school for which a license would be required in a public school.     (2) In addition to any duty to report suspected cases of child abuse or neglect under Section 62A-4a-403, an educator who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee shall immediately report the belief and all other relevant information to the school principal, to the superintendent, or to the state board.     (3) A school administrator who has received a report under Subsection (2) or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to the state board.     (4) Upon notice that an educator allegedly violated Subsection (2) or (3), the state board shall direct UPPAC to investigate the educator's alleged violation as described in Section 53E-6-604.     (5) A person who makes a report under this section in good faith shall be immune from civil or criminal liability that might otherwise arise by reason of that report.    Amended by Chapter 186, 2019 General Session
UT Code § 53E-6-702 (2021)
2021 Utah Code|Title 53E - Public Education System -- State Administration|Chapter 6 - Education Professional Licensure|Part 7 - Unprofessional and Unlawful Conduct|Section 702 - Reimbursement of legal fees and costs to educators.

 Effective 5/14/2019  53E-6-702. 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 52-6-201, brought against an educator by an individual or entity other than:   (i) the entity who licenses the educator; and     (ii) the LEA 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 as defined by the state board and is employed by an LEA located within the state.       (2) Except as otherwise provided in Section 52-6-201, an educator is entitled to recover reasonable attorneys' fees and costs incurred in the educator's 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).    Amended by Chapter 186, 2019 General Session