reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 2 - Licensing › Section 205 - License by endorsement.

Effective 5/3/2023
53E-6-205.
License by endorsement.
(1) Subject to Subsections (3) through (6), the state board shall issue a license to an applicant who has been issued a certificate in another state, district, or territory of the United States if:
(a) the state board determines that the certificate encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the certificate; and
(c) the applicant's certificate is in good standing in the other state, district, or territory.
(2) Subject to Subsections (3) through (6), the state board may issue a license to an applicant who:
(a) has been issued a certificate in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(i)
(A) the state board determines that the applicant's education, experience, and skills demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the certificate; or
(ii) the state board determines that the certification requirements of the other state, district, territory, or jurisdiction at the time the certificate was issued were substantially similar to the requirements for the license sought in this state; or
(b) has never been issued a certificate in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and
(ii) the state board determines that the education or experience was substantially similar to the education or experience requirements for the license sought in this state.
(3) The state board may refuse to issue a license to an applicant under this section if:
(a) the state board determines that there is reasonable cause to believe that the applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's certificate.
(4) Before the state board issues a license to an applicant under this section, the applicant shall:
(a) pay a fee determined by the state board under Section 63J-1-504; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the profession for which licensure is sought in this state.
(5) The state board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
(6) This section is subject to and may be supplemented or altered by licensure endorsement provisions or multistate licensure compacts in specific parts of this chapter.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 3 - Licensing Requirements › Section 301 - Qualifications of applicants for licenses -- Changes in qualifications.

Effective 5/4/2022
53E-6-301.
Qualifications of applicants for licenses -- Changes in qualifications.
(1) As used in this section:
(a) "Literacy preparation assessment" means an examination that evaluates an individual's knowledge of the science of reading, related to literacy instruction for an individual who teaches preschool, elementary school, or special education.
(b) "Required literacy preparation assessment" means a literacy preparation assessment that the state board uses to determine the qualifications of license applicants.
(2) The state board shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the scholarship, training, and experience required of license applicants.
(3)
(a) The state board shall announce any increase in the requirements when made.
(b) An increase in requirements shall become effective not less than one year from the date of the announcement.
(4) The state board may determine by examination or otherwise the qualifications of license applicants.
(5) If the state board uses a required literacy preparation assessment under Subsection (4):
(a)
(i) the state board shall make rules to allow an LEA to hire a license applicant who does not successfully pass the required literacy preparation assessment for a limited duration pending successful passage; and
(ii) the license applicant is not eligible for a professional educator license described in Section 53E-6-201 until the license applicant successfully passes the required literacy preparation assessment; and
(b) the state board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) establish exemptions for the required literacy preparation assessment; and
(ii) develop a pathway to demonstrate early literacy competency as an exception to the requirement to pass the required literacy preparation assessment.
Amended by Chapter 285, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 3 - Licensing Requirements › Section 303 - Prohibition on use of degrees or credit from unapproved institutions.

Effective 5/14/2019
53E-6-303.
Prohibition on use of degrees or credit from unapproved institutions.
(1) An individual may not use a postsecondary degree or credit awarded by a postsecondary institution or program to gain a license, employment, or any other benefit within the public school system unless the institution or program was, at the time the degree or credit was awarded:
(a) approved for the granting of the degree or credit by the state board; or
(b) accredited by an accrediting organization recognized by the state board.
(2) The state board may grant an exemption from Subsection (1) to an individual who shows good cause for the granting of the exemption.
Amended by Chapter 186, 2019 General Session
2023 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
2023 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
2023 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
2023 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
2023 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 7/1/2033
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
2023 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 7/1/2033
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
2023 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 7/1/2033
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
2023 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 7/1/2033
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
2023 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 7/1/2033
Effective 3/24/2022
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 Income Tax Fund.
Amended by Chapter 456, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 9/1/2022
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 80-2-602, 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 335, 2022 General Session
2023 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
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 7 - Unprofessional and Unlawful Conduct › Section 703 - Professional competence or performance -- Administrative hearing by local school board -- Action on complaint.

Effective 5/14/2019
53E-6-703.
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 school board of the district, or until findings have been issued by the local school 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.
(3) If a complaint is referred to the state board, no civil action may be brought in a court on matters relating to the complaint until the state 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.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 8 - Dispute Resolution for Contract Negotiations › Section 801 - Mediation of contract negotiations.

Effective 5/14/2019
53E-6-801.
Mediation of contract negotiations.
(1) The president of a professional local organization which represents a majority of the licensed employees of a school district or the chairman or president of a local school board may, after negotiating for 90 days, declare an impasse by written notification to the other party and to the state board.
(2) The party declaring the impasse may request the state superintendent to appoint a mediator for the purpose of helping to resolve the impasse if the parties to the dispute have not been able to agree on a third party mediator.
(3) Within five working days after receipt of the written request, the state superintendent shall appoint a mediator who is mutually acceptable to the local school board and the professional organization representing a majority of the licensed employees.
(4) The mediator shall meet with the parties, either jointly or separately, and attempt to settle the impasse.
(5) The mediator may not, without the consent of both parties, make findings of fact or recommend terms for settlement.
(6) Both parties shall equally share the costs of mediation.
(7) Nothing in this section prevents the parties from adopting a written mediation procedure other than that provided in this section.
(8) If the parties have a mediation procedure, they shall follow that procedure.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 8 - Dispute Resolution for Contract Negotiations › Section 802 - Appointment of hearing officer -- Hearing process.

Effective 5/14/2019
53E-6-802.
Appointment of hearing officer -- Hearing process.
(1) If a mediator appointed under Section 53E-6-801 is unable to effect settlement of the controversy within 15 working days after his appointment, either party to the mediation may by written notification to the other party and to the state superintendent request that their dispute be submitted to a hearing officer who shall make findings of fact and recommend terms of settlement.
(2) Within five working days after receipt of the request, the state superintendent shall appoint a hearing officer who is mutually acceptable to the local school board and the professional organization representing a majority of the certificated employees.
(3) The hearing officer may not, without consent of both parties, be the same person who served as mediator.
(4) The hearing officer shall meet with the parties, either jointly or separately, may make inquiries and investigations, and may issue subpoenas for the production of persons or documents relevant to all issues in dispute.
(5) The state board and departments, divisions, authorities, bureaus, agencies, and officers of the state, local school boards, and the professional organization shall furnish the hearing officer, on request, all relevant records, documents, and information in their possession.
(6) If the final positions of the parties are not resolved before the hearing ends, the hearing officer shall prepare a written report containing the agreements of the parties with respect to all resolved negotiated contract issues and the positions that the hearing officer considers appropriate on all unresolved final positions of the parties.
(7) The hearing officer shall submit the report to the parties privately within 10 working days after the conclusion of the hearing or within the date established for the submission of posthearing briefs, but not later than 20 working days after the hearing officer's appointment.
(8) Either the hearing officer, the professional organization, or the local school board may make the report public if the dispute is not settled within 10 working days after its receipt from the hearing officer.
(9)
(a) The state superintendent may determine the majority status of any professional organization which requests assistance under this section.
(b) The decision of the state superintendent is final unless it is clearly inconsistent with the evidence.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 9 - Additional Credentials › Section 901 - Substitute teachers.

Effective 1/24/2018
53E-6-901.
Substitute teachers.
(1) A substitute teacher need not hold a license to teach, but school districts are encouraged to hire licensed personnel as substitutes when available.
(2) A person must submit to a background check under Section 53G-11-402 prior to employment as a substitute teacher.
(3) A teacher's position in the classroom may not be filled by an unlicensed substitute teacher for more than a total of 20 days during any school year unless licensed personnel are not available.
(4) A person who is ineligible to hold a license for any reason other than professional preparation may not serve as a substitute teacher.
Renumbered and Amended by Chapter 1, 2018 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 9 - Additional Credentials › Section 902 - Teacher leaders.

Effective 5/12/2020
53E-6-902.
Teacher leaders.
(1) As used in this section, "teacher" means an educator who has an assignment to teach in a classroom.
(2) There is created the role of a teacher leader to:
(a) work with a student teacher and a teacher who supervises a student teacher;
(b) assist with the training of a recently hired teacher; and
(c) support school-based professional learning.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:
(a) define the role of a teacher leader, including the functions described in Subsection (2); and
(b) establish the minimum criteria for a teacher to qualify as a teacher leader.
(4) The state board shall solicit recommendations from school districts and educators regarding:
(a) appropriate resources to provide a teacher leader; and
(b) appropriate ways to compensate a teacher leader.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 9 - Additional Credentials › Section 903 - STEM education endorsements and incentive program.

Effective 5/12/2020
53E-6-903.
STEM education endorsements and incentive program.
(1) As used in this section, "STEM" means science, technology, engineering, and mathematics.
(2) The state board shall:
(a) develop STEM education endorsements; and
(b) create and implement financial incentives for:
(i) an educator to earn an elementary or secondary STEM education endorsement described in Subsection (2)(a); and
(ii) a school district or a charter school to have STEM endorsed educators on staff.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules establishing the uses of STEM education endorsements described in Subsection (2), including that:
(a) an incentive for an educator to take a course leading to a STEM education endorsement may only be given for a course that carries higher-education credit; and
(b) a school district or a charter school may consider a STEM education endorsement as part of an educator's salary schedule.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1100 - Article I -- Purpose.

Effective 5/3/2023
53E-6-1100.
Article I -- Purpose.
(1) The purpose of this compact is to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. Through this compact, the member states seek to establish a collective regulatory framework that expedites and enhances the ability of teachers to move across state lines.
(2) This compact is intended to achieve the following objectives and should be interpreted accordingly. The member states hereby ratify the same intentions by subscribing hereto:
(a) create a streamlined pathway to licensure mobility for teachers;
(b) support the relocation of eligible military spouses;
(c) facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the member states;
(d) enhance the power of state and district level education officials to hire qualified, competent teachers by removing barriers to the employment of out-of-state teachers;
(e) support the retention of teachers in the profession by removing barriers to relicensure in a new state; and
(f) maintain state sovereignty in the regulation of the teaching profession.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1102 - Article III -- Licensure under the compact.

Effective 5/3/2023
53E-6-1102.
Article III -- Licensure under the compact.
(1) Licensure under this compact pertains only to the initial grant of a license by the receiving state. Nothing herein applies to any subsequent or ongoing compliance requirements that a receiving state might require for teachers.
(2) Each member state shall, in accordance with the rules of the commission, define, compile, and update as necessary, a list of eligible licenses and career and technical educational licenses that the member state is willing to consider for equivalency under this compact and provide the list to the commission. The list shall include those licenses that a receiving state is willing to grant to teachers from other member states, pending a determination of equivalency by the receiving state's licensing authority.
(3) Upon the receipt of an application for licensure by a teacher holding an unencumbered eligible license, the receiving state shall determine which of the receiving state's eligible licenses the teacher is qualified to hold and shall grant such a license or licenses to the applicant. Such a determination shall be made in the sole discretion of the receiving state's licensing authority and may include a determination that the applicant is not eligible for any of the receiving state's eligible licenses. For all teachers who hold an unencumbered license, the receiving state shall grant one or more unencumbered license(s) that, in the receiving state's sole discretion, are equivalent to the license(s) held by the teacher in any other member state.
(4) For active military members and eligible military spouses who hold a license that is not unencumbered, the receiving state shall grant an equivalent license or licenses that, in the receiving state's sole discretion, is equivalent to the license or licenses held by the teacher in any other member state, except where the receiving state does not have an equivalent license.
(5) For a teacher holding an unencumbered career and technical education license, the receiving state shall grant an unencumbered license equivalent to the career and technical education license held by the applying teacher and issued by another member state, as determined by the receiving state in its sole discretion, except where a career and technical education teacher does not hold a bachelor's degree and the receiving state requires a bachelor's degree for licenses to teach career and technical education. A receiving state may require career and technical education teachers to meet state industry recognized requirements, if required by law in the receiving state.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1103 - Article IV -- Licensure not under the compact.

Effective 5/3/2023
53E-6-1103.
Article IV -- Licensure not under the compact.
(1) Except as provided in Section 53E-6-1105, nothing in this compact shall be construed to limit or inhibit the power of a member state to regulate licensure or endorsements overseen by the member state's licensing authority.
(2) When a teacher is required to renew a license received pursuant to this compact, the state granting such a license may require the teacher to complete state specific requirements as a condition of licensure renewal or advancement in that state.
(3) For the purposes of determining compensation, a receiving state may require additional information from teachers receiving a license under the provisions of this compact.
(4) Nothing in this compact shall be construed to limit the power of a member state to control and maintain ownership of its information pertaining to teachers, or limit the application of a member state's laws or regulations governing the ownership, use, or dissemination of information pertaining to teachers.
(5) Nothing in this compact shall be construed to invalidate or alter any existing agreement or other cooperative arrangement which a member state may already be a party to, or limit the ability of a member state to participate in any future agreement or other cooperative arrangement to:
(a) award teaching licenses or other benefits based on additional professional credentials, including, but not limited to National Board Certification;
(b) participate in the exchange of names of teachers whose license has been subject to an adverse action by a member state; or
(c) participate in any agreement or cooperative arrangement with a nonmember state.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1104 - Article V -- Teacher qualifications and requirements for licensure under the compact.

Effective 5/3/2023
53E-6-1104.
Article V -- Teacher qualifications and requirements for licensure under the compact.
(1) Except as provided for active military members or eligible military spouses in Subsection 53E-6-1102(4), a teacher may only be eligible to receive a license under this compact where that teacher holds an unencumbered license in a member state.
(2) A teacher eligible to receive a license under this compact shall, unless otherwise provided for herein:
(a) upon their application to receive a license under this compact, undergo a criminal background check in the receiving state in accordance with the laws and regulations of the receiving state; and
(b) provide the receiving state with the information in addition to the information required for licensure for the purposes of determining compensation, if applicable.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1105 - Article VI -- Discipline and adverse actions.

Effective 5/3/2023
53E-6-1105.
Article VI -- Discipline and adverse actions.
(1) Nothing in this Compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on teachers according to the state practice laws thereof.
(2) Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of teachers in other member states upon request. Any member state receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.
Enacted by Chapter 222, 2023 General Session