§ 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:

(1)(a) found pursuant to a criminal, civil, or administrative matter after reasonable opportunity for the applicant to contest the allegation; and
(1)(b) considered, as behavior of an educator, to be:
(1)(b)(i) immoral, unprofessional, or incompetent behavior; or
(1)(b)(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:

(2)(a) was convicted of a felony of a sexual nature;
(2)(b) pled guilty to a felony of a sexual nature;
(2)(c) entered a plea of no contest to a felony of a sexual nature;
(2)(d) entered a plea in abeyance to a felony of a sexual nature;
(2)(e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against a minor child;
(2)(f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor;
(2)(g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who:
(2)(g)(i) is not enrolled in an adult education program in an LEA;
(2)(g)(ii) is not a minor; and
(2)(g)(iii) (2)(g)(iii)(A) is enrolled in an LEA where the license applicant or educator is employed; or
(2)(g)(iii)(B) is a participant in an extracurricular program in which the educator is involved; or
(2)(h) admits to the state board or UPPAC that the license applicant or educator committed conduct that amounts to:
(2)(h)(i) a felony of a sexual nature; or
(2)(h)(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:

(3)(a) employ the person in the public school; or
(3)(b) allow the person to volunteer in the public school.
(4) (4)(a) If the state board denies licensure under this section, the state board shall immediately notify the applicant of:
(4)(a)(i) the denial; and
(4)(a)(ii) the applicant's right to request a hearing before UPPAC.
(4)(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.
(4)(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.

Legislative History

Amended by Chapter 327, 2020 General Session