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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 53E. Public Education System--State Administration § 53E-6-603. Ineligibility for educator license - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-53e-public-education-system-state-administration/ut-code-sect-53e-6-603/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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