Section 703 – Professional competence or performance — Administrative hearing by local school board — Action on complaint.

• (1)
  • (a) No civil action by or on behalf of a student relating to the professional competence or performance of a licensed employee of a school district, or to the discipline of students by a licensed employee, application of in loco parentis, or a violation of ethical conduct by an employee of a school district, may be brought in a court until at least 60 days after the filing of a written complaint with the local school board of the district, or until findings have been issued by the local school board after a hearing on the complaint, whichever is sooner.
  • (b) As used in Subsection (1)(a), “in loco parentis” means the power of professional school personnel to exercise the rights, duties, and responsibilities of a reasonable, responsible parent in dealing with students in school-related matters.
  • (c) A parent of a student has standing to file a civil action against an employee who provides services to a school attended by the student.

• (2) Within 15 days of receiving a complaint under Subsection (1), a local school board may elect to refer the complaint to the state board.

• (3) If a complaint is referred to the state board, no civil action may be brought in a court on matters relating to the complaint until the state board has provided a hearing and issued its findings or until 90 days after the filing of the complaint with the local school board, whichever is sooner.

Amended by Chapter 186, 2019 General Session