Section 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