Section 402 - State board-required licensing or employment recommendations -- Local public school-required licensing recommendations -- Notice requirements for affected parties -- Exemption from liability.

UT Code § 53E-6-402 (2019) (N/A)
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(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.

(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.

(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.

(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.

(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.

(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.

(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.