Section 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